Defense told to ‘move on’ from fishing expedition claim

THE House prosecution on Thursday told the defense to “move on” from its claim that the request for Vice President Sara Z. Duterte’s financial and tax records amounts to a fishing expedition, saying the impeachment trial has already moved beyond the sufficiency of the verified complaints.

House prosecutor and Manila 3rd District Rep. Joel Chua said the issue had already been overtaken by the trial, which is now in the evidence presentation stage.

“Una-una, tapos na ‘yung usapin sa complaint. Nasa hearing proper na tayo. Wala nang kinalaman dito ‘yung complaint,” Chua said during a press briefing.

“And in fact, nandiriyan na, nakapaloob po ’yan sa pre-trial brief. Kaya nga po siguro dapat tapos na ‘yung mga usapin sa complaint, so move on na tayo,” added the chairperson of the House Committee on Good Government and Public Accountability.

The defense earlier argued before the Senate impeachment court that the prosecution’s request for Duterte’s bank records and Bureau of Internal Revenue documents amounted to a fishing expedition because the records were not attached to the verified impeachment complaints. 

It also argued that compelling their production would violate her rights to confidentiality and due process.

Lawyer Lorna Kapunan, counsel for House prosecutors, rejected the argument, saying impeachment complaints are required to allege only the ultimate facts constituting impeachable offenses—not the evidence supporting them.

“Klarong-klaro po na ultimate facts kasi. Ang complaint kasi, ang nilalagay doon, ultimate facts. Sa complaint, hindi nilalagay ang ebidensya,” Kapunan said.

She said the evidence was gathered during the House Committee on Justice’s determination of probable cause and later identified during the Senate impeachment court’s pre-trial proceedings.

“At saka naging moot and academic na ’yan because of pre-trial, na-mention na natin na isasubpoena, ni-reserve natin,” Kapunan added.

Kapunan explained that the Senate’s pre-trial rules require both parties to identify in advance the witnesses and documentary evidence they intend to present.

“Kung hindi nakalista ang mga witnesses ninyo, o hindi na-mention ‘yung mga dokumento ninyo, eh hindi ninyo na maipi-presenta ’yan,” she said.

The Senate impeachment court has yet to rule on the prosecution’s request to subpoena Duterte’s financial and tax records, which the House panel says are relevant to the article of impeachment accusing Duterte of amassing unexplained wealth