Prosecutor Tolosa: Higher trust rating means more public trust betrayed

A HIGH approval or trust rating cannot excuse conduct that violates the constitutional duty of a public official or erase accountability in an impeachment trial.

Private prosecutor and legal spokesperson Atty. Benjamin “Jay” Tolosa Jr. made the point after the defense presented a survey during its cross-examination of National Bureau of Investigation (NBI) Director Melvin Matibag and sought to relate its results to the allegation of betrayal of public trust.

“Actually, kung mas madaming nagtiwala, hindi ba mas madaming tiwala ang pinagtaksilan?” Tolosa asked during a press conference Tuesday night.

Article XI, Section 1 of the Constitution declares that public office is a public trust and requires government officials to remain accountable to the people.

“Ang pinag-uusapan dito na betrayal of public trust, ang pinagagalingan ‘yan sa Constitution, nakalagay dyan, public office is a public trust. Public officials should always be accountable to the people whom they serve,” Tolosa explained.

Article IV of the impeachment case concerns Vice President Sara Z. Duterte’s alleged threats against President Ferdinand “Bongbong” Marcos Jr., First Lady Liza Araneta-Marcos and former Speaker Ferdinand Martin G. Romualdez.

Tolosa said the constitutional issue rests on whether Duterte’s alleged conduct was consistent with her oath to faithfully execute the country’s laws.

“Pero tulad ng sinabi ng NBI Director Matibag kanina, mukhang hindi execute the laws of the land ang ginawa, execute the President ang gusto,” Tolosa stressed.

House trial spokesperson Zia Alonto Adiong of Lanao del Sur separately questioned whether the survey reflected public sentiment after the evidence had been presented at the impeachment trial.

“Itong survey, minsan kasi nagma-matter din ‘yung timeline kung kailan ito kinonduct. Minsan di natin alam kung kailan nila ito kinonduct. Maybe prior to the trial,” Adiong noted.

He said fluctuating survey results cannot replace the Senate impeachment court’s examination of Duterte’s conduct and fitness to remain in office.

“But my point is, hindi ‘yan continuous na maging basis mo or take the survey as a biblical truth level. Kasi hindi ‘yan sustainable, ‘yung pag-akyat, minsan bumababa,” Adiong explained.

Tolosa maintained that popularity does not diminish the responsibility attached to the country’s second-highest elective position.

“So, regardless kung gano’ng kataas ang approval rating, itong ganitong aksyon, napakaliwanag na isa ho itong pagtataksil doon sa tiwala ng bayan na binigay sa pangalawang pinakamataas na lingkod-bayan noong hinalal siya at niluklok sa p’westo,” Tolosa said.