'Abangers': Prosecution waiting for right time to call VP Duterte as hostile witness
At A Glance
- The House prosecution panel presents evidence on Article IV, accusing Vice President Sara Duterte of grave threats and acts of sedition against President Marcos and the First Family.
- Prosecutor Lorna Kapunan says they intend to call Duterte as a hostile witness, reserving the right to file a formal request for her testimony.
- Presiding officer Senator Francis Escudero rules that Duterte's attendance is not required.
Vice President Sara Duterte (left), lawyer Lorna Kapunan (Senate PRIB)
The House prosecution panel insisted that it intends to call respondent Vice President Sara Duterte as a hostile witness in her impeachment trial, even as it began on Tuesday, July 7 to present its evidence on Article IV of the articles of impeachment.
The particular article accuses Duterte of making grave threats--specifically against President Marcos and other members of the First Family--and committing acts of sedition.
Lawyer Lorna Kapunan, counsel for the House prosecutors, raised the matter after Duterte briefly appeared at the Senate earlier in the day, where she reportedly conferred with her defense team.
When the afternoon proceedings resumed, Kapunan asked whether or not Duterte planned to personally appear before the impeachment court.
“This is relevant to the presentation that we will be making this afternoon,” Kapunan said, as she noted that the court had earlier directed the prosecution to identify every Tuesday the witnesses it intends to present so subpoenas may be issued, when appropriate.
Kapunan said the prosecution was presenting evidence on Article IV, which alleges grave threats and acts of sedition. The article centers on Duterte’s alleged public death threats against President Marcos, First Lady Liza Araneta-Marcos and former House Speaker Martin Romualdez.
“One of the key witnesses, hostile, would be the Vice President,” Kapunan told the court.
“We are already respectfully informing this honorable court that we will manifest that we will have a written request for her presence in connection with this article on grave threats,” she added.
Senator Francis “Chiz” Escudero, presiding officer of the Senate impeachment court, declined to direct the question to the defense. He said he preferred to rule on the prosecution’s manifestation rather than invite a debate between the parties.
“The impeachment rules do not mandate [or] require the respondent to attend any hearing or trial of the impeachment court,” Escudero said.
“Whether she was in the building earlier or arrived after, it is totally up to the respondent because from the point of view of the court, she is represented in this court through her counsel already."
Escudero says the court would act on any motion seeking Duterte’s appearance only after it is formally filed, at which point the defense would be given an opportunity to comment.
“Should the counsel for the prosecutors desire to call the respondent herself, the court will act on that motion and request once it is made and or filed, and need not make a ruling at this point in time,” he said.
Kapunan accepted the ruling but emphasized that the prosecution was reserving its right to compel Duterte’s testimony.
“With that, we will reserve the right. We are not waiving the right to call her at the appropriate time and to file the appropriate request for subpoena duces tecum and subpoena testificandum,” she said.
Like on day one Monday, the respondent did not attend Tuesday's trial proper.
Vice President Duterte delivered a one-sentence statement to reporters at the Senate, without taking questions: “In this bloodbath and bludgeoning, I will be bloodied but unbowed.”
She left the premises after having a lunch-meeting with her lawyers.