THE House prosecution plans to seek a subpoena for Vice President Sara Z. Duterte after presenting its case on all four impeachment articles, private prosecutor Atty. Lorna Kapunan said on Tuesday, placing Duterte’s own account at the center of the panel’s demand for accountability.
Kapunan outlined the plan at the start of the trial’s 23rd day on September 8, while clarifying that prosecutors were not asking the Senate impeachment court to issue the subpoena immediately. The panel would first complete its presentation on the articles and reserve Duterte’s appearance for the end.
“At the end of all of these articles, we reserve the right to present the Vice President herself,” Kapunan said.
Asked directly whether the prosecution was seeking a subpoena at that point, she answered, “Not at this point, Your Honor.”
The announcement followed discussions among public and private prosecutors that began the previous night and continued before the hearing. Kapunan said the panel had decided to forgo all 15 remaining witnesses out of the 27 originally intended for Article I, covering the alleged misuse and misappropriation of confidential funds.
“After a long meeting last night and towards this morning, just before this hearing, the prosecution, both public and private prosecutors, have decided to… forego, your honors, not only with the witnesses subpoenaed for today, but with all the remaining 15 witnesses,” Kapunan said.
That decision included Police Major Jovelyn Magay, Sunshine Fajarda and Bresilio Sabaldan, who had been scheduled for that day. Kapunan confirmed they would no longer be presented and said the prosecution would rest on Article I.
Her explanation centered on why the prosecution wanted to hear from Duterte herself after presenting evidence through other witnesses. Kapunan argued that the accounts and documents already brought before the court pointed towards the vice president as the person who should answer for the matters under examination.
“And this is why all of these pawns and castles and horses and bishops point to only one person, and that accountable person is the vice president,” she said.
Kapunan used a chess comparison to describe the connection between the witnesses and Duterte, referring to the vice president as the queen. She cited the Land Bank witnesses as an example, saying the prosecution had shown that confidential funds existed and were withdrawn.
Kapunan said the original 27-witness plan was stated in the prosecution’s pretrial brief. Ten had appeared, she said, while stipulations concerning two others made their personal presence unnecessary.
“In lieu of presenting 15 other witnesses, we will be presenting the vice president herself,” Kapunan said, before clarifying that the proposed appearance would come after the presentation on all four articles.
Kapunan said Duterte’s testimony would be relevant beyond the confidential funds allegations. She identified the other subjects as grave threats under Article IV, unexplained wealth under Article II and bribery under Article III. Unexplained wealth and bribery remained the two articles the prosecution still had to present, she said.
Kapunan urged Duterte to appear, respect the impeachment process and affirm her claim of innocence. She also asked that the senator judges consider the evidence and testimony with political neutrality and work towards impartial justice.
During the exchange, Kapunan was asked whether the prosecution would present any further witnesses at that time under the confidential funds article. She confirmed it would not, then clarified its position when asked whether it also intended to rest on that article.
“We will be resting on this article, Your Honor, with the reservation of calling two possible witnesses at the end, Your Honor,” she said.
The two possible appearances she identified were Duterte herself and, potentially, an amicus curiae who could assist the court in understanding the constitutional framers’ intent on impeachment, public officers and public accountability. Kapunan did not name a proposed adviser, describing that appearance as a possibility alongside the plan to call the vice president.
“But this will be done at the end of presentation of the four articles,” she said.
Kapunan concluded by saying there would be no more hearings on Article I and thanked the subpoenaed witnesses who had arrived despite the rain. She maintained the reservation to call Duterte at the end, keeping the vice president’s own account central to the prosecution’s next steps.
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