July 6 impeachment trial of VP Sara on track despite 'BIR box' issue
By Dhel Nazario
At A Glance
- Senate Secretary Renato Bantug Jr. said the impeachment court can legally order a limited pre-trial proceeding solely to mark the disputed BIR box, although no such decision has been made.
- Bantug said only the impeachment court—not the clerk of court—can order the opening, inventory and marking of the disputed BIR box, as the defense was given until Friday to comment on the prosecution's request.
- Despite questions surrounding the BIR box, Bantug said the impeachment trial remains on schedule to begin on July 6, with Senate officials working to avoid any delay to the proceedings.
The Senate may hold another pre-trial conference session solely to address the disputed "BIR box" if the impeachment court orders it.
Scenes after the fifth day of the pre-trial conference, during which both the prosecution and defense completed the marking of documentary evidence at around 5:30 p.m. (Mark Balmores)
In an interview, Senate Secretary and impeachment court clerk Renato Bantug Jr. stressed Friday, June 26, that no such decision has been made and that the July 6 start of the impeachment trial remains unchanged.
Bantug said it is legally possible for the impeachment court to reconvene for the limited purpose of marking the BIR box as evidence before trial. The sealed box of tax records submitted by the Bureau of Internal Revenue (BIR) contains the income tax returns of Vice President Sara Duterte and her husband, lawyer Manases Carpio.
"If the impeachment court orders it, then we can do it," Bantug said when asked whether another pre-trial conference could be held solely to mark the box.
He emphasized, however, that he was only answering whether such a step was procedurally possible and was not suggesting that it would happen.
"If the question is whether it's possible, then it's possible because the impeachment court can order it. But I'm not saying that is what the impeachment court will do," he said.
The issue arose after the House prosecutors sought to have the BIR box opened, inventoried, and its contents marked during Thursday's pre-trial conference. The defense, however, requested time to comment on the prosecution's manifestation.
Bantug said he gave the defense until the end of office hours on Friday to file its written comment electronically.
He clarified that neither he nor the clerk of court has the authority to order the opening of the box, saying only the impeachment court may decide whether it should be opened, inventoried or marked because the matter involves substantive issues.
"The impeachment court alone can order the opening, inventory, and marking of the contents," he said.
Once the defense submits its comment, Bantug said copies will immediately be distributed to senators, who will determine how to proceed with the prosecution's request.
He also declined to speculate on whether the defense would ultimately oppose the request, noting that it had only asked for an opportunity to comment. Should the impeachment court decide not to address the matter before trial, Bantug said the box could instead be opened or marked during the presentation of evidence.
Impeachment trial
Asked whether an additional pre-trial proceeding could delay the impeachment trial, Bantug said court officials are determined to keep the July 6 opening intact.
"At all costs, we will avoid moving the July 6 schedule," he said.
Bantug added that he and Senate President Sherwin Gatchalian met Thursday evening and agreed that July 6 remains the target date for the start of the impeachment trial, with no discussions on moving it.
Under the current calendar, trial proceedings will be held Mondays through Wednesdays at 2 p.m. until the week before the State of the Nation Address (SONA), with Thursdays reserved for motions.
After SONA, the schedule shifts to Tuesdays through Thursdays at 2 p.m.
Pre-trial order
On the other hand, Bantug said the Senate is on track to issue the pre-trial order in the impeachment case on Monday, with staff working through the weekend to complete it.
The order will initially be furnished only to the prosecution and defense, which will each have three days to submit their comments. Bantug said the document will be made public after the parties have been given the opportunity to review it.
Should either side identify inaccuracies, the impeachment court may issue a corrected pre-trial order before the trial begins.
He said the pre-trial order will summarize agreements reached during the pre-trial conference, including stipulations on facts, witnesses, and trial dates, to streamline proceedings and minimize administrative delays during the trial.