Pre-VP acts can prove pattern, wealth baseline in VP Duterte trial

THE conduct before Vice President Sara Z. Duterte assumed the vice presidency may still be presented in the impeachment trial if it establishes a behavioral pattern or provides the financial baseline for the unexplained wealth article, the prosecution panel said.

“I think they have already mentioned this: their position is that pre-office conduct, meaning actions committed before the respondent became the VP, should not be admitted in evidence,” legal spokesperson Atty. Benjamin “Jay” Tolosa Jr. said in a press conference via Zoom.

Tolosa said the prosecution does not agree with the defense position that acts before Duterte became vice president should be excluded from evidence.

“We have our position on this. Of course, we do not agree to that position since for us pre-office conduct by itself actually constitute impeachable offences and I hope you could understand why I can’t go to the merits of that,” he said.

The issue is expected to be among the contested legal questions in the impeachment trial, where the prosecution intends to present evidence on alleged threats, unexplained wealth, confidential funds and other articles of impeachment.

“But even if we’ll consider for a second that they’re not impeachable offenses but they remain to be relevant,” Tolosa said.

Tolosa said prior acts or omissions may still be relevant because they can show a pattern and provide the starting point for evaluating wealth accumulation that continued into Duterte’s vice presidency.

“Dahil itong mga prior acts or omissions na ito they could establish pattern, they could provide the baseline with respect to the wealth that was accumulated which continued doon sa 2022,” he said.

The prosecution has argued that the unexplained wealth article should be evaluated through financial records, SALNs, bank records, AMLC reports and possibly BIR income tax records that may show whether declared assets and liabilities match actual wealth.

“What is important here is we will be able to establish by presenting relevant documents, AMLC reports, the SALNs and bank records and hopefully the BIR ITRs as well, the allegation that the assets and liabilities when total net worth of the respondent and her spouse, which were disclosed in her SALNs, these do not match her actual wealth and net worth,” Tolosa said.

Lanao del Sur Rep. Zia Alonto Adiong, also a prosecution spokesperson, said the trial ultimately concerns public accountability, the rule of law and the people’s right to know how public money and public trust were handled.

“I would like to think that this is very, you know the interest of the public is exactly what is under trial here because we’re talking about the principle that no one should be above the law, that’s in relation to the threat, that no one is allowed to take justice into their own hands,” Alonto Adiong said.

He said the prosecution will test the evidence against the constitutional principle that public office is a public trust.

“Public office is a public trust, so ang tiwala ng taongbayan dapat suklian ng tapat na pagseserbisyo,” Alonto Adiong said.

Alonto Adiong said the unresolved questions on wealth, official conduct and public funds matter because the money involved belongs to the Filipino people.

“Ultimately, all in all, this is for the interest of the public dahil pera nila ang pinag-usapan nila at dapat lang na malaman nila kung saan napunta ang kanilang pera,” Alonto Adiong said.