Prosecutors’ goal: VP’s conviction regardless of vote limit

MANILA, Philippines — The goal of the private prosecution team in Vice President Sara Duterte’s impeachment trial is to build a case with overwhelming evidence, regardless of how the constitutional provision on the vote threshold is interpreted, lawyer Benjamin Tolosa Jr. said on Monday.

Tolosa, the newest member of the private legal team helping prosecuting lawmakers from the House of Representatives, said the team’s intention is to ensure a “compelling case” that can sustain the Vice President’s conviction.

He declined to comment on whether the number of votes for Duterte’s conviction should be lowered from 16 to 15 or 14.

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“It will not be proper for us to talk about it at this point,” Tolosa told reporters at the sidelines of Monday’s pretrial conference at the Senate.

READ: Impeachment court asked to compel Duterte defense to specify witnesses

“I hope you’ll understand since it’s possible that this is an issue that may come up during the proceedings,” said the lawyer who also acts as spokesperson of the private prosecutors.

Article XI, Section 3 of the 1987 Constitution states that “No person shall be convicted [in an impeachment court] without the concurrence of two-thirds of all the Members of the Senate.”

This means 16 out of 24 votes are needed for conviction.

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READ: Lawmakers: Filipinos await Sara Duterte reply to charges

The Senate, however, has had its numbers reduced, since Sen. Jinggoy Estrada was suspended following the plunder and graft charges filed against him and Sen. Ronald “Bato” dela Rosa has turned fugitive amid a pending arrest warrant from the International Criminal Court.

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Batangas Rep. Gerville Luistro, the lead public prosecutor, said last week at the start of the pretrial conference that the vote threshold for conviction should be reduced to 14, if more senators facing potential charges would later be unable to take part in the trial.

‘Fake news’ vs Luistro

According to Tolosa, it was the defense that tried to raise the threshold issue “before we could proceed with the pretrial conference itself.”

“But… that was quickly shot down by Cong[resswoman] Luistro by pointing out that’s not a matter that could be decided by the Clerk of Court and it should not be used to delay the pretrial conference,” he said, disputing the claim circulating on social media that Luistro was “eaten alive” and practically schooled by Duterte’s lawyers at the start of the pretrial conference.

Luistro herself said reports of her being outclassed are “not true.” She called this “fake news” aimed at undermining the prosecution’s ability to pursue Duterte’s conviction.

“I will not allow the people’s fight to be swallowed alive,” she said.

Mamamayang Liberal Rep. Leila de Lima, a member of the 11‑member House prosecution team, said the public should “expect” more attempts to misled about Duterte’s impeachment trial as it nears.

“We have to be very circumspect and careful about receiving things and our reporting, particularly on social media. We have to be very careful about these things, because this is a highly charged event in our country, so certain players might be doing things that may undermine especially the cause of the prosecution,” she said.

Senate security

The Senate is scheduled to begin the impeachment trial on July 6. Luistro said the trial may extend beyond September, given that the prosecution and defense have filed competing trial schedules.

According to Tolosa, the prosecution has asked for 62 trial dates to present its evidence, while the defense counsel is seeking 30 trial dates.

These will depend on “the discretion of the impeachment court,” Luistro said in a briefing on Monday. “[But] if I would [also] consider the number of witnesses and exhibits of both parties, it seems unlikely that the trial can be finished by September.”

Meanwhile, the Senate security is preparing the appropriate arrangements for the trial, Senate Sergeant-at-Arms Alfred Sotto-Corpus said on Monday.

Corpus said the Senate remains on “heightened alert” ahead of the trial. “We will react, of course, according to the situation, according to the information that we will gather,” he said.

Duterte’s supporters have been gathering outside the Senate every now and then, since turmoil ensued in the upper chamber following its leadership crisis last month.

At times these supporters were able to man the security outside the Senate—with videos on social media showing them screening visitors entering and leaving the Senate premises.

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The Philippine National Police also said on Monday it received a request from the Senate for the deployment of additional police personnel to secure “upcoming official activities.” —WITH REPORTS FROM TINA G. SANTOS, AND KEITH CLORES