Luistro: Pre-trial could've been faster had defense OK'd joint marking

MANILA, Philippines — The pre-trial conference in Vice President Sara Duterte’s impeachment proceedings could have been completed in half the time had the defense panel agreed to the prosecution’s request for the joint marking of common evidence, Batangas Rep. Gerville Luistro said on Tuesday.

In a press briefing, Luistro — the lead public prosecutor for the impeachment — confirmed that it is the step of marking evidence which makes the pre-trial conference longer, prompting the prosecution to ask for more dates to complete this task.

Luistro said that the defense’s refusal to do marking of common evidence together is a factor.  When asked how quicker it would be had the defense agreed, Luistro said waiting time will be halved.

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“Well for the common evidence it will be half the time which will be dedicated to the common exhibits, for separate marking, because what happens there, the presentation and marking done by the prosecution is different, it will be shown to the defense, certified and stamped by the impeachment court, and then signed by the prosecution, defense and the impeachment court,” Luistro said mostly in Filipino.

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“That process will be done again when we shift to the defense, notwithstanding the fact that you are talking about exactly the same document.  So you are doubling the time needed.  So if they will agree that for every document, that there will be one examination only, one set of verification and signatures, so that will be, as to the time which will be spent, the time will be diminished by half,” she added.

Earlier, in separate interviews in the Senate, Luistro and defense lawyer Michael Poa said that it appears the pre-trial conference would not be finished on Wednesday or Thursday.

READ: Luistro, Poa admit: Pre-trial not yet near its ending

Luistro said one factor that could have expedited the process is if the defense panel allowed the joint marking of common documents and evidence, but Duterte’s lawyers did not agree.

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Poa, meanwhile, said that they denied the prosecution’s request for common markings as they are “being very careful with how we do things.”

“We want our own documents to be marked even if they are similar. These are also the documents we will use during the course of the trial,” Poa told the media.

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READ: Defense refuses House prosecutors’ ‘common markings’ request in pretrial

But Manila Rep. Joel Chua, another public prosecutor, stressed that not doing a single marking of common document means that they have to do the process twice for each evidence presented by both prosecution and the defense — from being analyzed by both the prosecution and the defense, the provision of comments, and the certification of both panels.

If there are over 4,000 documents — as Luistro said that there are around 1,900 documents evidencing payment (DEPs) for the Department of Education (DepEd) and over 2,000 DEPs for the Office of the Vice President (OVP) — Chua said this process will be done 4,000 times.

“That’s not like a normal checking where if you present the evidence you will just mark everything, that’s not the case, so normally when there’s evidence being presented, for example a document, that is compared, checked by the other side, and they will give a comment,” Chua said in Filipino.

“Then it will be signed […] people will sign that.  So could you imagine, if there are 4,000 documents on our side alone, that will go through all these processes?  That’s why such a thing would happen,” he added.

Luistro and Chua also confirmed during the same interview that they have asked for additional days to finish the pre-trial conference — extending work to Friday and Saturday — so that the parties can finish marking evidence.

The two lawmakers said they have relayed this request to impeachment clerk of court and Senate Secretary Renato Bantug Jr., through House of Representatives Secretary General Cheloy Garafil, in hopes of adhering with the original timeline for the trial proper.

“That is why we reached out already to Secretary Bantug, through Secretary General Cheloy Garafil, whether there are other measures which maybe considered, to be able to expedite the process of marking the exhibits.  We understand that the position of the prosecution is to push through with the original timeline […] and that is on July 6,” Luistro added.

READ: Duterte impeachment: Prosecution seeks more pre-trial days

Aside from this, Chua said part of their proposal is also to request for additional teams deployed by the defense so that more people could check and mark the evidence.

Last June 9, the Senate Impeachment Court issued a notice inviting the parties to the pre-trial conference which started last June 18.

According to the notice, the pre-trial conference is held to resolve the following matters before the 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

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.

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The articles were hinged on Duterte’s alleged misuse of confidential funds lodged within DepEd and OVP, amassing of unexplained wealth disproportionate to her income, bribery of DepEd officials using monetary gifts or payments, and threats to President Ferdinand Marcos Jr., First Lady Liza Araneta Marcos, and the former House Speaker Ferdinand Martin Romualdez. /jpv