The Senate Impeachment Court has set rules on witness disclosure, reaffirmed limits on witness examination, ordered the return of a sealed Bureau of Internal Revenue box, and directed the creation of a public online portal for records in the impeachment trial of Vice President Sara Duterte.
Lawyer Reginal Tongol, spokesperson of the Senate Impeachment Court, said the court resolved several issues raised during the pre-trial process as the proceedings moved forward.
Tongol said the court granted the prosecution’s proposal for a three-day witness disclosure rule but adopted the defense’s five-day notice requirement for witnesses whose testimony will be offered but who were not previously listed in the parties’ pre-trial briefs.
“Every Wednesday or last trial date, the parties will be requested to list the names of witnesses to be presented for each day the following week,” Tongol said.
The court also denied the prosecution’s request to allow multiple lawyers to examine a single witness, reaffirming the “one counsel, one witness” rule under the Senate Impeachment Rules.
Tongol said the court, however, allowed a limited exception in highly exceptional cases.
“However, the court partially granted the request by allowing a maximum of two lawyers to examine a witness only in highly exceptional instances to prevent redundant questioning, explicitly specifying that this exception applies equally to both the prosecution and the defense,” he said.
Tongol also said Presiding Officer Sen. Francis “Chiz” Escudero ordered the box containing the tax records of Duterte and her husband returned to the BIR, denying the prosecution’s request to open the box and mark its contents.
The impeachment court also approved the issuance of subpoenas ad testificandum to two National Bureau of Investigation agents expected to testify on the article involving Duterte’s alleged grave threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and former House speaker Martin Romualdez.
The article is expected to be taken up when the trial resumes at 2 p.m. on Tuesday, July 7.
Tongol said the court was ready to issue subpoenas to the Anti-Money Laundering Council and several banks for records, but deferred action after the prosecution amended its request.
“Upon agreement of both parties, the Court ordered that all request for subpoena be given the other party so they can file their comment or opposition to which oral arguments will be scheduled,” Tongol said.
On the respondent’s comment on the pre-trial order, Tongol said the court finalized the order and granted the prosecution’s proposed sequence for presenting evidence.
“The Presiding Officer clarified that the pre-trial order’s simplification of ultimate issues does not preclude the defense from discussing its affirmative defenses or raising evidentiary objections during the trial proper when relevant questions become ripe for evaluation,” he said.
Tongol said the court also ordered the Clerk of Court to create a dedicated portal on the Senate website where pleadings, issuances, and electronic records of the impeachment proceedings will be made accessible to the public.
The court said the portal is intended to promote transparency as the impeachment trial continues.
The trial was adjourned at 5:12 p.m. Monday and will resume at 2 p.m. Tuesday.