VP impeach lawyers ready to defend confidential funds

MANILA, Philippines — The defense team expressed readiness for Article 1 on the alleged misuse of confidential funds of Vice President Sara Duterte after the prosecution team moved to subpoena witnesses amid the ongoing impeachment trial.

Defense spokesperson Michael Poa was reacting after lead prosecutor Batangas Rep. Gerville Luistro asked presiding officer Sen. Francis Escudero to grant the prosecution’s request to subpoena two Land Bank of the Philippines employees and a House of Representatives official in preparation for deliberations on Article I on the misuse of confidential funds.

“All the articles... I said before when it comes to defense, of course we can’t avoid having someone anchor for the day… have assignments to do things. But all of us, we’re conditioned and our disposition is that each and every lawyer in the defense team should be able to argue and cross-examine and to stand for the defense on any given day and for any given witness,” Poa said.

To be issued subpoenas in relation to Duterte’s confidential fund misuse are Legislative Archives and Museum Management Service chief Marivic Pareja; Violeta Constantino, Landbank branch manager, Shaw Blvd. and Nenita Camposano, Landbank manager for the Department of Education (DepEd) branch.

At the same time, Poa said that it is the prerogative of the prosecution to withdraw some of its witnesses.

“When it comes time for the defense, maybe we too will withdraw some witnesses depending on how we think our cases are going. So, for us we will just move on to prepare for Article 1. But we’ve been preparing for quite sometime, so we just shift our attention now to Article 1, but of course without forgetting that Director (Melvin) Matibag is still to be called next week,” Poa said, referring to the chief of the National Bureau of Investigation.

In a manifestation, Luistro said they will no longer call to the witness stand a representative from the Philippine National Police Firearms and Explosives Office, two journalists, a sheriff, a family member of a victim of threats and a psychiatrist.

With this, Luistro said Matibag will be the last prosecution witness for Article 4. He is scheduled to take the witness stand on July 21.

“I think after Director Matibag we will proceed with Article 1. So now, of course we are focusing on Article 1, although we will prepare for it as the trial goes,” Poa said.

Legal remedies

The defense team said that it has legal remedies amid the impending decision of the impeachment court after the prosecutors officially asked to subpoena the bank and tax records of Vice President Duterte.

“We will submit ourselves to the wisdom of the court and also if we do not like (the decision), there are always going to be legal remedies available,” Poa said.

The Senate impeachment court will vote on the prosecution’s request on Monday. It will need at least 11 votes out of 21 senators to get it approved.

“Again, it’s too early to say, there is no decision yet. I don’t want a clickbait soundbite. I’m not saying anything right now. Those are all on the table but nothing has been discussed, it’s too premature. Plus, all of these things will have to be discussed with our client,” Poa added.

During the oral argument, Poa maintained the prosecution is engaging in a “fishing expedition” with its insistence on opening the sealed box containing the tax records of Duterte.

House prosecutor Rep. Chel Diokno contended that it is within the power of the impeachment court to look into Duterte’s financial records.

Diokno related how the Senate, during the impeachment trial of chief justice Renato Corona, issued a subpoena on his bank records and allowed them to be entered as evidence.