19 days 'not enough' to try Sara Duterte in impeach trial, says House prosecutor

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MANILA, Philippines — The 19-day timeline proposed by Senate Majority Leader Francis Tolentino is not enough to present evidence, a House prosecutor said, cautioning against a rushed impeachment trial.

According to the proposed schedule, only two days have been allotted to present the articles of impeachment detailing the allegations against Vice President Sara Duterte. 

But with seven articles in total, Rep. Ramon Rodrigo “Rodge” Gutierrez (1-Riders Party-list) said two days is simply not enough.

“If we take a look, kung tama po ‘yung nakikita kong timeline, parang dalawang araw lang ‘yung nabibigay for presentation of evidence,” he told reporters during an ambush interview on Monday, June 9. 

(If we take a look, if the timeline I'm seeing is correct, it seems like only two days are being allotted for the presentation of evidence.)

“And if you were to divide it for the seven articles, that would really not be enough time,” he added. 

Asked whether the prosecution panel would consider reducing the number of articles, Gutierrez said cutting any of the seven articles out would undermine the complaint endorsed by the House supermajority.

“Personally, I don’t think it would be possible on our part to just consolidate it to just two articles,” he said. “That would be a betrayal to the full articles of impeachment that we have filed.” 

Allegations. The complaint that led to Duterte’s impeachment on February 5 accused her of culpable violation of the Constitution, betrayal of public trust, graft and corruption, and other high crimes such as bribery.

The offenses mostly revolve around Duterte’s alleged misuse of confidential funds at the Office of the Vice President and the Department of Education, including ghost expenses and cash handouts. 

She also faces charges for issuing death threats against top officials, allegedly amassing unexplained wealth, inciting sedition, links to drug war killings and abuse of power.

RELATED: The allegations against VP Sara Duterte in impeachment proceedings

Only one article to convict. Under present Senate rules, senator-judges must vote on each article of impeachment separately. It takes two-thirds of the Senate to convict an impeached official, and just one guilty verdict is enough to remove them from office and ban them from running for a seat in government again.

So just how many days will it take to go through all seven articles? Gutierrez said he can’t give an exact figure yet, but he’s certain two days won’t cut it.

If the Senate ever decides to shorten the timeline to fit the trial within the 19th Congress, which ends before June 30, the House prosecutor said they will be ready. 

“We have been preparing for the past few months despite running in the elections,” Gutierrez added.

Start now, continue later. Still, he made it clear that the prosecution panel maintains that the impeachment trial could cross over into the 20th Congress, stressing that jurisprudence supports the view that the Senate is a continuous body and impeachment is not a legislative matter that concludes with the end of a Congress. 

RELATED: Senate shouldn’t shut door on truth in VP Sara impeachment, says House prosecutor

Senate in hot seat

Senate President Chiz Escudero is facing criticism for further delaying the impeachment proceedings, going back on his word that the trial would begin upon Congress resuming its session. 

He postponed the presentation of the articles of impeachment from June 2 to June 11 and has introduced the possibility of a vote to convene the Senate as an impeachment court, a move he had not mentioned earlier despite outlining a detailed trial schedule.

Senators are divided over the interpretation of the Constitution’s provision, even as the framers themselves clarified that “proceed forthwith” means the trial should take place and cannot be stopped by any motion or vote.

Public clamor. Even public opinion polls have shown that most Filipinos want Duterte to face the charges against her, whether to clear her name or face accountability. The findings reflect just how due process stands above any political affiliation.  

“It just speaks of the clamor siguro ng public not for whether you are pro or against any acquittal or conviction, but this is just to hear the trial lang naman po,” Gutierrez said.  

What to look out for. The Senate minority bloc, composed of Sen. Koko Pimentel and Sen. Risa Hontiveros, said they will move to kick off the impeachment proceedings with the formal swearing-in of the presiding officer and senator-judges on Monday.

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