DUE process in the impeachment trial cannot be invoked solely for the defense because the Filipino people and the prosecution are also entitled to see relevant evidence presented, tested and weighed in determining the accountability of Vice President Sara Z. Duterte.
Private prosecution counsel Lorna Kapunan made the argument as Duterte’s lawyers questioned the proposed subpoenas for her bank records, tax documents and Anti-Money Laundering Council reports.
“Due process is not violated. Your right to privacy is not violated because, first of all, sa due process, mayroon naman silang opportunity to cross-examine, iyong authentic ba itong bank records na iyan, what does it prove, etc.,” Kapunan told reporters in a press conference.
She stressed that issuing a subpoena would not automatically establish the truth of the financial allegations because the defense would retain the right to challenge the authenticity, relevance and evidentiary value of every document.
“We welcome the statement of the defense that they are not opposed to the opening of the bank records and the BIR statements,” she added.
The Senate Impeachment Court opened oral arguments on July 15 over requests for the financial records and the sealed BIR documents of Duterte and her husband, lawyer Manases “Mans” Carpio, in connection with Article II on alleged unexplained wealth.
“Kung sinasabi nilang due process of the defense, mayroon ding due process ang taong bayan. Mayroon ding due process dapat ang prosecution to be able to present its case,” Kapunan maintained.
House prosecutor Joel Chua of Manila added that impeachment is a constitutional proceeding in which accountability and access to evidence cannot be subordinated entirely to the strict technical rules used in ordinary court litigation.
“Ang mananaig pa rin dito ay ang accountability, ang pananagutan. At kaakibat ng pananagutan ay ebidensya,” Chua stressed.
He argued that the production of the records would allow the senator-judges and the public to determine whether sufficient evidence supported the allegations rather than decide the issue through competing claims outside the trial.
“Kung wala naman pong tinatago, ano naman po ang dahilan para hindi payagan ang pagpipresenta ng mga ebidensya?” Chua asked.
“So due process on both sides tayo. On both sides tayo,” Kapunan added.
metrosundaily
