(Opinion)
THE House prosecution closed Day 24 of Vice President Sara Duterte’s impeachment trial with a video presentation by Atty. Hez Montalan explaining the framework that will guide its evidence on alleged unexplained wealth, SALN disclosures and business interests.
The presentation recapped the testimony of retired Sandiganbayan Presiding Justice Amparo Cabotaje-Tang, the first witness called under Article II. It grouped the day’s discussion into six guideposts before prosecutors begin presenting Duterte’s SALNs, tax and financial records, business documents, properties and transactions.
“Buwis ng taumbayan ang pinag-uusapan, kaya may karapatan silang maunawaan ang mga terminong gagamitin,” Montalan said during the recap presentation.
The first guidepost identified three terms that will recur throughout Article II: financial interest, direct or indirect participation in business, and conflict of interest. The presentation said the framework was intended to make those concepts understandable before the underlying documents are introduced.
The second guidepost concerned the records used to examine wealth. The presentation identified a truthful and accurate SALN, lifestyle evidence, income tax returns and the properties of a spouse and children below 18 years old.
The third guidepost covered the stricter restrictions that Cabotaje-Tang discussed for the President, Vice President and other senior executive officials. The presentation linked those restrictions to the powers attached to their offices.
“Mas malaki ang kapangyarihan, mas malaki ang panganib na abusuhin ito, kaya mas mahigpit ang hangganan,” Montalan explained.
The fourth guidepost described the SALN as a sworn declaration rather than an ordinary form. Cabotaje-Tang had testified that notarization makes it a public document and that the filer attests to the truth of its contents.
The presentation quoted her: “Once a document is notarized, it becomes a public document, and everything that is stated there is attested to as truthful or true by the one who executes the document.”
The fifth guidepost distinguished an isolated omission from the repeated failure to report the same property. The presentation recalled Cabotaje-Tang’s testimony that an official must be allowed to explain a mistake, while repetition may be considered when determining intent.
“Kapag repeated iyan, like for five consecutive years hindi na-include iyong property na iyon, this is a badge that there is an attempt at concealment,” Montalan quoted Cabotaje-Tang as saying.
The sixth guidepost covered the itemization of cash on hand and cash in bank. The presentation said these entries should be identified in the SALN rather than included under a combined total for other personal properties.
It also recapped the prima facie framework discussed during the hearing: the respondent must be a public officer, the property must have been acquired during incumbency, and it must be manifestly disproportionate to lawful income before the presumption described by the witness can arise.
Article II alleges three violations: wealth disproportionate to lawful income, incomplete or untruthful SALN disclosures and failure to divest business interests. Duterte has denied wrongdoing.
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