Luistro: Stipulations, witnesses in VP trial submitted for resolution

MANILA, Philippines — The stipulations and witnesses presented by the prosecution for Vice President Sara Duterte’s impeachment trial have been submitted and will soon be up for resolution, while marking of the evidence has not been finished, Batangas Rep. Gerville Luistro said on Friday.

In an online interview with reporters covering the House, Luistro — lead public prosecutor — said that the prosecution, the defense, and the Senate Impeachment Court deserve praise since they were aligned during the pre-trial conference held on Thursday, in terms of seeking a “simple, expeditious, and fair trial.”

However, Luistro said the prosecution would have to return by Monday, June 22, to finish marking the evidence because they submitted voluminous documents in the pre-trial brief.

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“So as to what happened yesterday, all the proposed stipulations for admission or denial, along with the list of witnesses, have been submitted.  With regards to the documents, we were not able to finish them yesterday, which is anticipated because we have voluminous exhibits when it comes to the unexplained wealth and confidential fund (misuse) allegations,” she said.

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“And that is why we will go back to the Senate by Monday to proceed with the marking of our exhibits. I hope we finish it at the end of the day, on Monday, so we can look forward to the issuance of the pre-trial order.”

Luistro also confirmed that there were heated debates and arguments between the prosecution and the defense during the pre-trial conference, but noted that this is normal, as the two panels take opposing sides.

“You know, the exchange of arguments, that is very much anticipated because the position of the prosecution is completely opposite to the position of the defense.  That’s why we call this impeachment trial, and even other cases, lawyers call that an adversarial proceeding,” Luistro said.

During a break in the pre-trial conference, lawyer Michael Poa, a member of the defense panel and spokesperson for the Duterte camp, said that while there were arguments, such things were normal.

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Poa also did not discuss the point of contention, but he said that both sides were able to settle it. He said this will allow for the quicker conduct of the pre-trial.

READ: Heated discussions in Day 1 of pre-trial, but Poa says it’s normal

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Similarly, Luistro declined to provide details on the points of contention that led to debates.  However, the Batangas solon noted that the prosecution and the defense had stipulations that both sides will naturally oppose.

“Of course, just to illustrate, here in our proposed stipulation of facts, we definitely have a lot of proposed stipulations that they do not want to admit.  In the same way, they have a lot of proposed stipulations that we do not want to admit because our positions are completely opposite,” she said.

“And if there is an exchange of argument, that is, of course, very much anticipated,” Luistro added.

Prosecution spokespersons Lanao del Sur Rep. Zia Alonto Adiong and Kabataan party-list Rep. Renee Co also confirmed on Thursday about the debates during the pre-trial conference. But they said this was normal due to the parties’ adversarial positions.

On Thursday, the first day of the pre-trial conference was held by the Senate Impeachment Court, so that the prosecution and the defense can resolve the following matters before trial proper:

Stipulation of facts and simplification of issues

Marking of documentary or real evidence and waiver of objections or admissions on evidence

Number and identification of witnesses

Setting of trial dates

The proposed sequence for the presentation of evidence and possible modification of the order of trial

Such other matters as will promote a fair and expeditious trial of the case

READ: Senate invites parties, sets June 18 impeachment pre-trial conference

However, the Senate Impeachment Court, in the notice signed by Senate President Sherwin Gatchalian as presiding officer, mentioned that the conference will not be open to the media or the public to give both parties and their lawyers freedom to discuss the stipulations.

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Duterte was impeached for a second time last May 11, after 257 House lawmakers voted in favor of adopting House Resolution (HR) No. 989, which contains the Articles of Impeachment.  Only 25 members voted against it, while nine abstained./coa