Senate President Sherwin Gatchalian urged Filipinos to closely follow the impeachment trial of Vice President Sara Duterte, saying the proceedings are part of the constitutional process for holding public officials accountable.
“Itong impeachment trial ay parte ito ng ating proseso sa pananagutan or accountability. At ito ay importanteng proseso para masiguro natin na ang ating mga institusyon ay gumagana at hindi maulit yung mga ganitong hindi magagandang gawain ng mga lingkod-bayan. So, napakahalagang masundan ng ating mga kababayan itong proseso na ito
(The impeachment trial is part of the process on accountability. This is an important mechanism to ensure that our institutions are working so that misdeeds of public servants will not happen again. So, it is very important that our countrymen monitor the process),” Gatchalian said in an interview with radio dzBB on Sunday.
Gatchalian made the statement as the Senate, sitting as an impeachment court, is set to begin Duterte’s impeachment trial on Monday, July 6, after completing pre-trial processes such as the submission of trial briefs, the pre-trial conference, and the issuance of the pre-trial order.
He said Monday’s proceedings “will most likely” cover preliminaries, including the opening statements of the prosecution and defense panels.
“And then may mga bagay na re-resolbahin, yung mga bagay na na-raise sa pre-trial conference, mayroon din mga bagay na na-raise after the pre-trial conference through the pre-trial order. So, itong mga bagay na ito re-resolbahin. Hindi ko muna ipe-preempt dahil, of course, we will leave that to the senator-judges
(And then there will be matters which will be resolved, the things which were raised during the pre-trial conference, and then there were also matters raised during the pre-trial conference through the [re-trial order. So, these things will have to be resolved, but I will not disclose what they are as I don’t want to preempt the senator-judges who will decide on them),” he said.
Among the issues expected to be resolved by the impeachment court is the sealed box containing the tax records of Duterte and her husband, lawyer Manases Carpio. The prosecution had asked during the pre-trial conference that the box be opened so the documents could be inventoried and marked as evidence.
Sen. Panfilo Lacson, in a statement on Saturday, said that the handling of the sealed Bureau of Internal Revenue income tax return records must be strictly governed by law and existing jurisprudence.
“The decision on the status of the sealed BIR ITR records will be dictated by law and existing jurisprudence. The Impeachment Court will not and cannot be above the law. No one else is,” Lacson said on X.
Lacson said the impeachment court may return the box to the House prosecution team because it is not meant to serve as the prosecution team’s custodian.
He cited Sections 71 and 270 of the National Internal Revenue Code, as well as existing jurisprudence based on Supreme Court rulings.
Under Section 71 of the NIRC, ITRs “shall constitute public records and be open to inspection as such upon the order of the President of the Philippines, under rules and regulations to be presented by the Secretary of Finance, upon recommendation of the Commissioner.”
Section 270 of the NIRC imposes penalties on BIR personnel who disclose information collected from taxpayers, including trade secrets and other confidential information.
Another circumstance that would allow the records to be unsealed is a written waiver from the respondent.
Lacson warned that if the impeachment court decides on whether to unseal the box without complying with the law, it may expose itself to charges of grave abuse of discretion.
Gatchalian said the BIR box was among the issues discussed during an all-senators’ caucus last Friday.
“In fact, may sariling opinion ako diyan at pinag-usapan namin kung bakit nga nasa Senado ’yan. But again, hindi ko muna ipe-preempt. Makikita niyo naman bukas yung resolutions niyan. So, bukas natin maririnig kung ano magiging desisyon ng impeachment court
(In fact, I have my own opinion regarding that, and that was discussed [in the caucus] why is that box in the Senate. But again, I will not preempt [the body’s decision]. Tomorrow, you will see the resolutions on that. So, you will see tomorrow what the impeachment court’s decision is),” he added.
The box containing the tax records of Duterte and Carpio was submitted by the BIR after the House Committee on Justice issued a subpoena. It was not opened after the BIR cautioned the House panel that doing so could raise legal concerns because Carpio is a private citizen.
The House later submitted the box to the impeachment court, but Gatchalian said he believes it should not be under Senate custody because evidence must be held by either the prosecution or defense panel.
Gatchalian said the trial will be conducted in Filipino and English so it can be understood by the public, as agreed by both parties.
Since Monday’s proceedings will focus on preliminaries, Gatchalian said the trial proper is expected to begin on Tuesday, July 7.
“So, sa Tuesday mag-uumpisa magpatawag ng mga testigo, maririnig yung mga testigo. Doon rin natin makikita yung mga ebidensiyang ipi-presenta. At importante rin na taongbayan masundan at maintindihan…so dapat sa aking pananaw, as layman, as easy to understand, as mas simple, mas maganda para maintindihan ng taumbayan
(On Tuesday, the witnesses will be presented; we will hear their testimonies. We can also see the evidence to be presented. So, it is important to use layman’s terms so the public can follow the proceedings and easily understand what’s going on. The simpler, the better, for the people to understand),” he added.
Asked about the possible scenario if the Sandiganbayan issues a warrant for the arrest of Sen. Rodante Marcoleta after the Ombudsman filed criminal charges against their colleague, Gatchalian declined to comment in detail.
“Pinaghahandaan lahat ng possible scenarios, but I don’t want to discuss it in public dahil nga meron naman siyang mga remedies pa na puwede ma-avail (We are prepared for all possible scenarios, but I don’t want to discuss it in public because he [Macoleta] still has remedies which he can avail),” he said.
Gatchalian said another possible scenario involves mass actions outside the Senate compound by both pro- and anti-impeachment groups.
He gave assurance that the impeachment trial will proceed as scheduled regardless of the developments.
Gatchalian also reminded senators that privilege speeches or similar moves, particularly those questioning his Senate presidency, will not be allowed when the impeachment court convenes because the proceedings are separate from the Senate’s legislative work.
“Hindi naman ito legislative session. This is an impeachment court, so meron tayong tatalakaying mga preliminary matters, at ang importante dito ay mag-umpisa ang trial…Yung pagpapalit at yung ibang gawain, ginawa natin yun Senate as a legislative body. So, yun ang proseso at konsepto doon. Ito impeachment court. So hindi ito ang lugar para pag-uusapan ulit ’yon kahit natapos na. Pero kung gustong nag raise ng ating mga kasamahan, dapay i-raise yun sa legislative body ng Senate
(This is not a legislative session. This is an impeachment court that will tackle preliminaries, and the most important thing is that the trial starts…The change in leadership is another matter, and it was made while the Senate was functioning as a legislative body. So, that’s the process and concept of it all. This is an impeachment court, so it is not the proper venue to discuss it again. But if our colleagues want to raise an issue, they can do that when we are performing as a legislative body),” he said.
Gatchalian said he is confident that all senators, including members of the minority who were absent from last Friday’s caucus, will attend the trial.
The caucus was attended only by a handful of senators, including Gatchalian, Senate President Pro Tempore Vicente Sotto III, Majority Leader Juan Miguel Zubiri, and Senators Erwin Tulfo, Joseph Victor Ejercito, Francis Escudero, and Risa Hontiveros from the majority, as well as Senators Loren Legarda and Robin Padilla from the minority.
“Nakikita ko mag-a-attend naman ang lahat kasi nga parte ito ng ating trabaho at alam rin ng lahat na maganda na present sila para marinig rin nila mismo kung ano yung mga nagyayari at makapag-participate sila sa trial mismo
(I am confident that everyone will attend because this is part of our job as senators and everyone knows that their presence will be good as they can hear the testimonies themselves and they can participate in the trial),” he added.
Gatchalian said the Senate has yet to receive an advisory on whether Duterte will personally attend the trial.
“Wala kaming nakukuhang abiso. But under the rules, puwede naman siya magpadala ng abogado or even representative nga puwede under the rules. Sp, parte lang ng proseso yung pag-iimbita sa kanya
(We have not yet received an advisory on her attendance. But under the rules, she can send her legal team or a representative. The invitation sent to her was just part of the process),” he said.
“Marami naman kasi sa ganito, last minute, parang may suspense rin, di ba? Hindi rin kakaiba na on the day itself. Minsan, a few hours lang nagko-coordinate…But we’re preparing for everything kung ang ating Vice President ay pupunta sa Senado
(There are many instance that the concerned person attends on the last minute. There are some who suddenly appear on the day itself; sometimes the coordination is done a few hours before the arrival. .. But we’re preparing for everything if our Vice President will go to the Senate),” he added.
If Duterte attends the proceedings, Gatchalian said senator-judges have been reminded not to approach or welcome her in the courtroom as they normally would on a regular session day.
“Kapag session, may gini-greet na bisita, tatayo yung mga senators. Hindi mangyayari ‘yun dahil ito ay formal proceedings, isang quasi-judicial, quasi-political proceedings. Hindi mangyayari ‘yung tatayo kami at kakamayan. Pero hindi rin natin mapipigilan kung after the proceedings may mga frienbdly gestures ang mga senador, hindi mapipigilan yan dahil vice president pa rin naman siya
(During regular session, we stand up and greet a visitor. But that will not happen because this is a formal proceedings, a quasi-judicial, quasi-political proceeding. We cannot stand up and shake hands with her. But we cannot prevent friendly gestures towards her after the proceedings because she is still the vice president),” he added.
Gatchalian also appealed to the prosecution and defense panels to shorten the trial period. Based on estimates, the trial could last until February next year, after the prosecution requested 62 trial days and the defense requested 30.
The trial will be held on Mondays, Tuesdays, and Wednesdays from 2 p.m. onwards, starting July 6 until the day of the State of the Nation Address. After the SONA, proceedings will be held on Tuesdays, Wednesdays, and Thursdays.
“Nananawagan kami sa kanila na kung puwede, iksian nila yung kanilang trial days at mabawasan yung kanilang testigo kung kayang bawasan. Kung corroborative naman, for example, may isang testigo na iko-corroborate lang, baka puwede isa o dalawa na, imbes na mas marami. So mabilis matapos, mas maganda yan para sa lahat
(I am calling on both parties; maybe they can shorten the trial days. If they can lessen the number of witnesses, that’s good, especially when it is corroborative. The faster we finish, the better for everyone),” he added.
Sen. Paolo Benigno “Bam” Aquino said Sunday that he will file a motion to release all presented evidence to the public when the impeachment court convenes.
“Hihimayin namin ang ebidensiya. Sisiguruhin namin na magiging patas ang paglilitis. Walang kulay, walang kaibigan, walang kaaway (We will examine all evidence. We will make sure that we will be fair, no political color, no friends, no enemies),” he said.
Aquino said his office will use its social media pages to allow the public to submit questions for clarification during the impeachment trial.
He also urged the public to closely monitor the trial while remaining vigilant against misinformation.
Sen. Erwin Tulfo, meanwhile, assured the public that senators will continue crafting legislation even while serving as senator-judges in the impeachment trial.
“We recognize our constitutional mandate to sit as impartial judges in this trial. However, the daily struggles of millions of Filipinos cannot be put on hold… This Senate must be capable of multitasking; we owe the public both accountability and continuous service,” he added.
Tulfo said the Blue Ribbon Committee, which he chairs, will continue conducting hearings on the flood control projects mess and the massive tree-cutting and earth-balling issues in Palawan despite the impeachment proceedings.