THE House prosecution panel has formally signified its preference for an alternating, article-by-article presentation of evidence in the impeachment trial of Vice President Sara Z. Duterte, saying the approach would make the proceedings more organized and focused.
In a three-page manifestation filed before the Senate impeachment court last July 27, the 11-member panel said it prefers a format in which the prosecution and the respondent alternately present evidence on each Article of Impeachment before proceeding to the next charge.
“The Prosecution respectfully signifies its preference for an alternating presentation of evidence by the Prosecution and the Respondent on an article-by-article basis,” the manifestation read.
The filing was signed by all House public prosecutors led by lead prosecutor Gerville “Jinky Bitrics” Luistro of Batangas.
The prosecution stressed, however, that the decision ultimately rests with the Senate Impeachment Court.
It said the sequencing of evidence “properly rests within the constitutional authority and sound discretion” of the Impeachment Court.
The prosecution also reiterated its “full willingness to abide by whatever procedure the Impeachment Court, in the exercise of its constitutional authority, ultimately adopts.”
Under the proposed arrangement, the prosecution would first present its evidence on one Article of Impeachment. The respondent would then immediately present her defense on the same article before both sides proceed to the next charge.
The prosecution said the format would allow the impeachment court and the parties “to focus on one Article of Impeachment at a time.”
It said the approach would promote “a more organized and coherent presentation of evidence” and facilitate “a clearer appreciation of the factual and legal issues unique to each charge.”
The panel added that the procedure would also give the respondent “an immediate opportunity to address the evidence presented on a particular article before the proceedings move to the next.”
It would likewise enable the Impeachment Court “to receive and evaluate all evidence relating to each charge in a more comprehensive and self-contained manner.”
The manifestation was filed after the prosecution formally concluded last week its presentation of evidence on the impeachment article over Duterte’s alleged threats against President Ferdinand R. Marcos Jr., First Lady Liza Araneta-Marcos and former Speaker Ferdinand Martin G. Romualdez.
When the trial resumes Wednesday, the prosecution is expected to begin presenting evidence on the impeachment article accusing Duterte of allegedly misusing P612.5 million in confidential funds during her tenure as Vice President and Education secretary.
The manifestation also cited the 2012 impeachment trial of then-Chief Justice Renato Corona, saying it demonstrated that no fixed rule governs the sequence of presenting evidence in impeachment proceedings.
According to the prosecution, although the Senate during the Corona trial required the prosecution to complete its presentation of evidence before the defense began its case, the proceedings remained flexible.
The panel noted that the prosecution presented evidence on different Articles of Impeachment at various stages of the Corona trial, while defense witnesses testified on multiple articles instead of following a rigid article-by-article sequence.
“The Corona proceedings thus confirm that the sequencing of evidence is a matter committed to the sound discretion of the Impeachment Court,” the manifestation said.
metrosundaily
