THE House prosecution panel is ready to cross-examine Vice President Sara Z. Duterte if she chooses to testify during her impeachment trial before the Senate, House prosecutor and Akbayan Party-list Rep. Jose Manuel “Chel” Diokno said on Monday.
In a press briefing, Diokno said the decision whether Duterte will testify ultimately rests with her and her defense team.
“That’s entirely the call of her defense panel. But we are ready to cross-examine her if she comes out and testifies,” said the lawyer-legislator.
He added that the impeachment court would benefit from hearing Duterte personally explain the statements that gave rise to one of the impeachment charges against her.
“Nasa sa kanya po ‘yan. That’s the call of her lawyers and herself,” Diokno reiterated when asked whether Duterte should take the witness stand to address allegations that she threatened President Ferdinand R. Marcos Jr., First Lady Liza Araneta-Marcos and former Speaker Martin Romualdez.
“However, I think that for the court to have a full appreciation of what she is claiming, then the court, I think, would benefit from hearing her explain personally why she said those things that we all saw.”
Diokno also noted that Duterte had been invited to attend the House Committee on Justice hearings on the impeachment complaints, but did not appear.
“Maski noong Committee on Justice proceedings, if you recall, every time nagkaka-hearing, ina-invite ng committee si Vice President,” he said.
“At ito na rin ang pagkakataon niya na ipaliwanag ‘yung kanyang mga depensa at ‘yung mga sinasabi nga niya sa media pa lang so far,” he added.
Private prosecutor Benjamin “Jay” Tolosa Jr. said the Senate Rules of Procedure on Impeachment Trials expressly require the respondent to file an answer and appear before the impeachment court.
“And just to clarify, under the rules, it’s expressly stated there that the impeachment court shall require the respondent to both file an answer and appear in court,” explained Tolosa.
He noted, however, that while Duterte has already filed her answer, the impeachment court has yet to issue an order requiring her personal appearance.
“So far, in the issuances of the impeachment court, that second part, requiring her to appear, has not been done. So we will wait for the impeachment court when it will find it appropriate to require her to do so,” Tolosa said.
Article IV of the Articles of Impeachment alleges that Duterte contracted an assassin, made grave threats against President Marcos, the First Lady and former Speaker Romualdez, and incited to sedition. The Vice President also faces allegations of misuse of confidential funds, bribery of Department of Education personnel and unexplained wealth. The Senate impeachment court is scheduled to begin trial on July 6.
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