By el Amigo
MANILA, Philippines — Vice President Sara Duterte could soon face a pivotal moment in her impeachment trial as the House prosecution panel signaled Tuesday that it wants her to personally take the witness stand and answer allegations surrounding the use of confidential funds.
The move came on Day 23 of the Senate impeachment proceedings, as prosecutors decided to drop the presentation of 15 remaining witnesses for the first impeachment article involving the alleged misuse or misappropriation of P612.5 million in confidential funds.
Private prosecutor Lorna Kapunan told the impeachment court that the prosecution instead intends to present Duterte herself, arguing that the evidence and testimonies presented so far ultimately point to the Vice President as the person who can explain the questioned transactions.
“All of these pawns and castles and horses and bishops point to only one person and that accountable person is the Vice President,” Kapunan said.
Kapunan also said the prosecution was reserving the right to call Duterte to testify on other allegations in the impeachment case, including the article involving unexplained wealth.
However, prosecutors have not yet asked the Senate impeachment court to issue a subpoena compelling Duterte to appear as a witness.
The defense immediately objected to the possibility of forcing the Vice President to testify.
Lead defense counsel Sheila Sison argued that Duterte cannot be compelled to provide testimony that could be used against her, citing Article III, Section 17 of the 1987 Constitution, which protects a person against being compelled to testify against herself.
“This right is absolute,” Sison told the impeachment court, emphasizing that the protection is a fundamental constitutional guarantee.
Sison also maintained that Duterte is already participating in the proceedings through her lawyers.
“If respondent is not interested in this trial, she would not have even sent her lawyers to defend her in this case,” she said.
Private prosecutor Benjamin Tolosa Jr., meanwhile, said calling Duterte as a witness would be logical because several individuals who worked under her testified about their knowledge of the handling of the confidential funds.
The prosecution wants the senator-judges to hear Duterte’s own explanation of the evidence presented against her.
Senate President Francis “Chiz” Escudero, who is presiding over the impeachment court, has yet to rule on the prosecution’s proposed move. The court is expected to consider the matter after the prosecution formally files its motion and the defense submits its response.
The dispute over whether Duterte can be compelled to testify could become another major legal issue in an already closely watched impeachment trial.
ia/xf
