PROSECUTORS reiterated on Tuesday their confidence that they can secure Vice President Sara Duterte’s conviction on the strength of their evidence, not on the threshold vote to convict her.
“I think we will rise and fall based on the evidence that we have presented. Kami, we’re really sticking to the fact na gusto lang namin, maganda yung ebidensya namin at maipresenta namin ng maayos,” Bukidnon Rep. Jonathan Keith Flores, a member of the prosecution panel, told a post-trial press briefing.
“Because in the end, it’s going to be the senator-judges who will be deciding about it. So it’s not really kung ilan yung threshold, but it’s the strength of our evidence that we presented,” he said.
“Was it able to convince the Senator-Judges who had, I’ll be clear on this, who have been practicing the cold neutrality of an impartial judge?” he asked.
Sharing Flores’ statement, prosecution spokesman and private counsel Jay Tolosa said what is important for the prosecution is its evidence presentation.
“Ang important talaga sa amin dito, yung pagprepesenta ng ebidensiya. And of course, we have to work, under the assumption that the Senator-Judges would abide by and respect their obligation to observe political neutrality,” Tolosa said.
“So, with that assumption, siyempre…gusto naming isipin dito, kahit 16 yan or kung anumang number yan, basta nagpresenta kami ng malakas na ebidensya, dapat makukuha namin yan,” he said.
He said if the evidence is weak, conviction of the respondent would not be secured even if the threshold vote were lowered.
“In the same way, to be fair, kung hindi malakas ang ebidensya namin, of course, kahit ibaba mo pa yan, naturally, dapat hindi namin makukuha yan,” he added.
Tolosa pointed out that even if the power to make a judgement on an impeachment case is possessed by the Senate, the proceedings are still a legal process and a vote should be based on evidence.
“At the end of the day, kahit binigay itong karapatan na ito sa political institution, such as the legislative department, legal pa rin siya dahil ang paghahatol dapat yan nakabase pa rin sa ebidensya. So, that’s why as I’m succinctly stating…ang number one focus namin dito, ebidensya pa rin,” he stressed.
Senator-Judges will soon make a decision on whether the threshold vote, which the Constitution sets at 16 of all 24 Senators, could be lowered to only those participating in the Vice President’s trial.
Four Senators have not been attending the proceedings, with Senators Jinggoy Estrada and Rodante Marcoleta detained on separate plunder charges, Sen. Loren Legarda on an extended medical leave, and Sen. Ronald “Bato” dela Rosa in hiding from the International Criminal Court (ICC), which has issued an arrest warrant for him.
The Senate impeachment court has set oral arguments on the issue and would invite “friends of the court” to enlighten it.(
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