Impeachment trial: Escudero clears VP Sara’s absence

CEBU, Philippines — Vice President Sara Duterte was not required to attend her impeachment trial despite her presence at the Senate building on Tuesday, as Senate impeachment court presiding officer Senator-Judge Francis Escudero clarified that the Senate rules allow an impeached official to appear through legal counsel.

Escudero made the clarification on the second day of the impeachment trial after private prosecutor Lorna Kapunan informed the court that Duterte had visited her defense team at their holding room inside the Senate building in Pasay around lunchtime.

Duterte arrived at the Senate shortly after noon to consult with her lawyers and left the premises just before the trial resumed at 2 p.m.

Escudero said the Senate's impeachment rules do not require the respondent's personal attendance and that an impeached official may participate through counsel. He added that the respondent can only be compelled to appear if either party files a motion seeking a subpoena.

“Whether she was in the building earlier, or arrived after, it’s totally up to the respondent. From the point of view of the court, she’s represented in this court through her counsel already,” Escudero said.

He added that there was no need for the court to rule on Duterte's attendance in the absence of a formal motion.

“The Court need not make a ruling at this point in time. When that motion is made, we will ask the respondent to make a comment or reply,” Escudero said.

Meanwhile, the prosecution presented its first witness, National Bureau of Investigation (NBI) cybercrime agent John Mark Calilung, to establish the authenticity of the video evidence central to the grave threats charge against Duterte.

Calilung testified on the NBI's handling and authentication of the video of Duterte's Nov. 23, 2024 online press conference, during which she allegedly made death threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and then-House Speaker Martin Romualdez.

Through Calilung's testimony, prosecutors sought to lay the technical foundation for admitting the video into evidence by examining his training in digital forensics, the procedures used to preserve and authenticate the recording, and the documents related to the request for Meta to preserve the material.

The proceedings were marked by repeated objections from the defense as prosecutors attempted to establish the chain of custody and authenticity of the video evidence.

Duterte's counsel, Carlo Narvasa, questioned Calilung's competence to testify on Meta's internal processes, challenged several documentary exhibits, and objected to the witness' testimony regarding the storage of the video on digital media attached to his affidavit.

The defense also opposed the prosecution's plan to present selected clips from Duterte's nearly two-hour online press conference, arguing that the complete video should instead be shown to provide the court with full context.

Escudero overruled most of the defense's objections, allowing the prosecution to proceed with its direct examination. He said the defense would have ample opportunity to present its own evidence and arguments, including the complete video, during its turn.

Much of the first two hours of Tuesday's proceedings focused on procedural matters, including the handling and preservation of the video evidence, the supporting documentation, and the extent of the footage that should initially be presented before the impeachment court.

Calilung's testimony reflected the prosecution's strategy of beginning with the grave threats allegation—the fourth article of impeachment but the first to be tried—which prosecutors had earlier described as the easiest charge for both the Senate court and the public to understand because the video had already been widely viewed online and reported by the media.

Duterte has denied any wrongdoing and has repeatedly maintained that the impeachment case is a politically motivated effort aimed at undermining her and her reported plans to seek the presidency in 2028. — Philstar News Service (FREEMAN)