Impeach court to prosec, defense: No need to explain witnesses' withdrawal

MANILA, Philippines — The Senate impeachment court on Wednesday has ordered all parties in Vice President Sara Duterte’s trial to no longer explain their decision to withdraw witnesses.

Senator-judge and presiding officer Francis “Chiz” Escudero made the ruling after lead defense counsel Sheila Sison raised this plea in a manifestation.

Sison told the court that the prosecution’s withdrawal of witnesses were “almost always accompanied by lengthy discourse containing conclusions of law and facts” that only the impeachment court can determine.

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According to the defense counsel, this added discourse affects the fairness and balance of the proceedings, as well as the way the impeachment court can perceive such.

“… So I’m just expressing a concern on behalf of the defense, and just for the guidance of both parties – If the only message, if the only intent, really, is just to withdraw witnesses, and, perhaps, it would better serve the purpose of aiding the disposition of this case, if that fact alone will be the only thing mentioned, without factual assertions, or conclusions of facts, or even interpretation of the law,” she explained.

“I think that would be more fair for everyone, and for the guidance of the public,” she added.

Sison was referring to Lead Prosecutor Rep. Gerville Luistro’s withdrawal of six witnesses, as well as private prosecutor Lorna Kapunan’s withdrawal of two witnesses on Tuesday.

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Escudero then responded that he, as the presiding officer, took the prosecution’s pronouncements as “akin to a tender offer of excluded evidence.”

He then gave the defense team the option to either practice the same “privilege” to make explanations on withdrawing witnesses, or simply have the court remind the parties to stop doing this.

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Sison, however, clarified that the defense panel is not asking for “special privilege” or the same amount of time given to the prosecution for its counsels’ “lengthy manifestations and discourses.”

“All I’m asking is if the parties may be guided from making conclusions of law that, in fact, really advocate their position,” she said.

“… If the intent truly is to aid this court in a speedy disposition of this case in a fair and balanced manner, and considering we are being watched by the public… all I’m asking is – if the intent is just to say we’re withdrawing, then just state the intent,” she requested.

Escudero granted Sison’s plea and told the parties to refrain from making unnecessary statements in their manifestations.

“The court reminds both parties to kindly limit… limit any such manifestations on the withdrawal or change on their witnesses, to kindly limit it to the withdrawal of such witnesses, and that it applies to both sides,” he ordered.

Meanwhile, while the ruling was already made, Luistro, in a separate manifestation, reminded the public during the trial that it is a constitutional process that is of “paramount importance.”

“Therefore, providing the reasons for the withdrawal of these witnesses need to be communicated as well to the viewing public,” said Luistro.

“Our countrymen need to understand the prosecution’s move to withdraw the names of other witnesses for Article 4. For the record only,” she told the senator-judges.

The Senate impeachment court is currently tackling Article IV of the impeachment complaints against Duterte, which involve the alleged assassination threats she made against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and former House Speaker Martin Romualdez.

The prosecution has already presented two witnesses against Duterte so far.

It has also withdrawn a total of eight witnesses as the panel believes their testimonies will no longer be necessary. /apl

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