Impeachment pre-trial cannot be won or lost – House prosecutors
MANILA, Philippines — House prosecutors have shrugged off claims that Vice President Sara Duterte's defense had gained the upper hand ahead of her impeachment trial, clarifying at a press conference that neither side can "win" or "lose" during a pre-trial conference.
The pre-trial stage does not produce verdicts or rulings, the prosecution's newly appointed spokesperson, Benjamin Tolosa Jr., said on Monday, June 22.
The official who oversees it, the clerk of the impeachment court, has no power to rule in favor of either party. Any claim that the defense had gained the upper hand during this phase was, Tolosa said, "factually impossible."
"That is not true. I charge [it] to fake news. And the people should become very conscious [from what they see on] social media," Rep. Jinky Luistro (Batangas, 2nd District), lead prosecutor, said during the press conference.
The prosecution team was responding to rumors over the weekend that the House prosecutors had looked unprepared against Duterte's defense and that a private prosecutor, Lorna Kapunan, had to step up.
"We are not struggling. We are very much prepared," Luistro said.
The vice president's high-stakes impeachment trial is set to open July 6. She is the first official in Philippine history to be impeached twice, and a conviction would remove her from office and prevent her from carrying out her well-publicized and widely expected plan to run as president in 2028.
The pre-trial conference, which opened on June 18 and which had its second day today, is a purely procedural stage in which the two sides list the documents and witnesses they intend to use, agree on facts that are not in dispute, and fix the schedule for the trial itself.
Far from being outmatched, Luistro said, the prosecution had done what it set out to do, which was to keep the proceedings moving quickly.
Vote numbers
Luistro said the defense had tried at the start to force a debate on a separate question — how many senators are needed to convict Duterte — before the conference could proceed. The prosecution refused to be drawn in, she said, and argued the clerk had no authority to settle that matter at this stage.
The Constitution specifically requires two-thirds of all senators to convict, which is typically counted as 16 of the 24. That figure is now in dispute because two senators — one in detention, Sen. Jinggoy Estrada, and one in hiding, Sen. Ronald dela Rosa — cannot currently vote, leading some to argue the threshold should be lower.
"Our refusal to comment on the manifestations of the defense doesn't mean that we are not prepared," Luistro said.
Duterte's lawyers have likewise played down talk of friction. The defense's spokesperson, lawyer Michael Poa, last week described the closed-door sessions as cordial, and said disagreements between opposing counsel are a normal part of any trial.
Rep. Leila de Lima (Mamamayang Liberal) said the public can expect a greater surge of disinformation as the trial draws nearer.
"As these proceedings progress, we can expect more of that. More of disinformation, more of fake news, more of factual distortions, spins of the real stories of the things that happened as the proceedings progress. Especially when we get to the trial proper," De Lima said.
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