The House prosecution panel said the first week of Vice President Sara Duterte’s impeachment trial was productive, but stressed that the case will ultimately be decided by the strength of the evidence, not by which side appears to win more courtroom exchanges.
The first three trial days under Article IV, which involves alleged grave threats, featured motions, objections, and the testimony of the prosecution’s first witness, National Bureau of Investigation Senior Agent John Mark Calilung.
Speaking after the third day of proceedings, House impeachment prosecutor and San Juan Rep. Ysabel Maria Zamora said the prosecution was satisfied with how it presented its case so far, but avoided claiming any decisive advantage.
Former Surigao del Norte Rep. Robert Ace Barbers, an impeachment adviser and spokesperson for the prosecution, also cautioned against reading too much into the early phase of the trial.
“Umpisa pa lang naman ng ‘boxing,’ ika nga. Kumbaga kung sa basketball, first quarter pa lang ito,” Barbers said.
House impeachment prosecutor and 1-Rider Party-list Rep. Rodge Gutierrez said public discussion of the trial has increasingly resembled a scorecard, with viewers counting sustained objections and granted motions as if the proceedings were a contest.
“In addition to that, and I think we’ve noticed that since day one, medyo if we look at public perception, naging tally na ‘yung nangyayari dito, nagbibilangan ng puntos kumbaga,” Gutierrez said.
“But I think it’s very important to remember that this is not the process — the whole process of impeachment trial. It’s not about ‘yung paramihan ng mga motion that was granted, or paramihan ng mga puntos na binibilang ng ating mga kababayan na nanonood,” he added.
Gutierrez said the trial should instead be assessed based on the relevance of the questions asked, the quality of the arguments, and whether the evidence remains intact after examination and cross-examination.
“The question really ultimately is whether or not, at the end of the day, evidence is left standing,” he said.
He added that what matters is whether the foundation for the evidence has been properly laid and whether the evidence is presented in a clear and understandable manner.
Gutierrez said it is ultimately up to the senator-judges, not the prosecution or defense, to determine whether the prosecution has successfully established its evidentiary foundation.
“As to whether or not that was achieved for the prosecution this week, we cannot say. Of course, that’s on the merits, and it’s up to our senator-judges. We don’t want to say anything that would tend to prejudge the case,” he said.
Still, Gutierrez said the panel considered the first week “a good week” for the prosecution.
The prosecutors also addressed public attention on the frequent objections raised during Wednesday’s cross-examination of Calilung, after Presiding Officer Sen. Francis “Chiz” Escudero remarked that private prosecutor Amando Virgil Ligutan appeared “frustrated.”
Zamora said objections are a normal part of trial practice and should not be viewed as proof of frustration or weakness.
“In any court case, in any trial, nangyayari naman po ’yan talaga between lawyers. Siguro gusto namin din ipaalam sa lahat na ang isang trial hindi napapanalunan sa dami ng mga motion mong na-grant ng judge o ng justice. Hindi ito paramihan ba ng points,” Zamora said.
She said what matters is whether the evidence is presented before the court, even as opposing counsels are expected to object during direct and cross-examination.
Zamora also noted that the defense raised several objections during the second day of proceedings, saying both sides were simply performing their duties as lawyers.
Asked whether Ligutan had become frustrated, Zamora said he remained composed as a seasoned trial lawyer.
“Well, Atty. Ligutan is a seasoned lawyer. Kulang pa po ’yan, sabi nga nila, sa kanilang ginagawa in a normal case,” she said.
Gutierrez agreed, saying objections are expected because lawyers are duty-bound to protect the interests of their clients.
“It’s but normal in the process to have these objections kahit na marami ’yan. It’s because they have to safeguard really, the interest and cause of their clients,” he said.
The impeachment trial formally opened on July 6, with the Senate impeachment court resolving pending motions from the pre-trial conference, electing a presiding officer, and hearing the opening statements of the prosecution and defense.
The first 11 trial dates have been allotted to Article IV, which accuses Duterte of committing impeachable offenses through alleged public threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and former Speaker Ferdinand Martin Romualdez.
After presenting Calilung, the prosecution is expected to call NBI Regional Director Jeremy Lotoc on Monday, Office of the Vice President Chief of Staff Atty. Zuleika Lopez on Tuesday, and Capt. Belinda Bello of the House of Representatives’ Office of the Sergeant-at-Arms on Wednesday next week.