The House prosecution panel has already filed its formal offer of evidence ahead of the October 23 deadline, seeking to prevent procedural delays from disrupting the resumption of Vice President Sara Z. Duterte’s impeachment trial on November 9.
Private prosecutor Lorna Kapunan said the panel deliberately filed its formal offer of evidence early, allowing the defense to begin its 10-day period for submitting comments and objections sooner and giving the Senate Impeachment Court more time to resolve evidentiary issues before the next hearing.
“It hasn’t been a break for us, really, because, as everybody knows, we have a 10-day deadline to file our formal offer on the remaining article, which is unexplained wealth. And we filed it today (Tuesday),” Kapunan disclosed.
She said the prosecution remained busy preparing its submission despite the three-week recess following the conclusion of its presentation of evidence.
The Senate Impeachment Court had given prosecutors until October 23 to formally submit the documentary and other evidence supporting Article II, the only remaining impeachment charge following the withdrawal of the articles involving confidential funds, bribery, and grave threats.
Kapunan said the timing of the filing was crucial because the defense has 10 days from receipt to submit its comments and objections. Filing ahead of the deadline, she said, would give the court more time to address the objections before the November hearings.
“We filed the—instead of—our deadline is supposed to be the day after tomorrow, but we filed it today only because the reckoning period of the defense is from the time they receive,” Kapunan explained.
The formal offer identifies the exhibits the prosecution wants the senator-judges to admit and consider, including financial records and testimony concerning assets, corporate interests, and transactions allegedly involving Duterte and her husband, lawyer Manases Carpio.
After the defense submits its comments and objections, the impeachment court must determine which evidence may be admitted. Kapunan said resolving these issues before the trial resumes was important to avoid further delays.
“Because, Pinky, sorry—because after the—after they submit comments, meron pang panahon na dapat mag-decide ang presiding officer, which gets us so close to the November 9 trial, and we don’t want it as an excuse,” Kapunan stressed.
Kapunan also cited the requirement for the defense to identify its witnesses five days before the trial resumes, saying the schedule leaves little room for delays.
“Because five days before the trial, they have to name their witnesses. Five days before the trial,” Kapunan pointed out.
The advance disclosure of witnesses would help facilitate the issuance of subpoenas and allow the prosecution to prepare for cross-examination, Kapunan said.
Kapunan maintained that the early filing would help keep the proceedings on schedule. The defense, however, retains the right to challenge the evidence, and the impeachment court must rule on its admissibility before proceeding with the remaining charge.