Will VP Sara testify in impeachment trial?

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Susan’s Notes
By Susan Palmes-Dennis

ROCKINGHAM, North Carolina—I will repeat it again and I did ask my fellow Filipino-Americans who share my sentiment that the impeachment trial of Vice President Sara Duterte-Carpio should not have proceeded since it will only polarize the country politically and divert much needed resources away from critical issues like unemployment, high cost of living etc.

But now It can be argued somewhat that VP Sara’s lawyers and to a larger extent the public never saw it coming—that is the prosecution’s decision to drop three impeachment articles—bribery, grave threat and misuse of confidential funds—against the vice-president.

Public sentiment on this development supports speeding up the trial with minimal delays or legal technicalities. But I believe that the vice president’s lawyers should be allowed to present her side and present their own witnesses. I quote the late senator Miriam Defensor-Santiago who voted against the withdrawal of other articles of impeachment against the late chief justice Renato Corona to support my position on the issue.

The late senator said withdrawing the articles would deprive the defense of presenting their side which to her is a ‘legal duty (of the court) rather than a privilege.’  Still, for reasons of practicality the prosecution’s decision makes sense in relation to their strategy and in terms of expediting the trial to its logical conclusion.  

The Senate is targeting to finish the impeachment trial on or before Christmas with the latest being February 2027.  If Sen. Alan Peter Cayetano still sat as Senate president, the earliest end would have been February 2027 or the trial would not have proceeded given his alliance with the Dutertes. But I felt that the public won’t have a chance to hear the VP’s defense against the allegations. 

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Having watched the impeachment trial for days on end, I felt shortchanged by this development. What happens now is still anyone’s guess but I am inclined to believe that the prosecution’s decision is intended to preserve the Senate majority alliance in voting for the VP’s impeachment. There is news that Sen. Mark Villar joined the majority bloc but I don’t know if that alliance will hold come voting time.  

With only one Article of Impeachment left, the senator judges will have an easier time voting for conviction or acquital and it only takes voting on one article to impeach VP Sara. A longer trial may or may not sway the opinions of the other judges aside from those clearly aligned with VP Sara but it does potentially have a chance of swaying public sentiment.

But seen from another angle, there is merit in Sen. Francis Escudero’s assertion that the withdrawal of the other articles of impeachment can favor VP Sara’s defense team since it meant less work and reduced the burden of proof or evidence that they have to deal with.  That said, the allegation of unexplained wealth seems quite formidable given the bank accounts and data from the Anti-Money Laundering Council (AMLC).

There is also the contention that government resources and funds were wasted with the impeachment trial as VP Sara’s spokesperson Atty. Salvador Paolo Panelo contended that more than P25 million was spent daily for the trial excluding the Senate’s regular sessions.  This allegation was refuted by Senate President Sherwin Gatchalian who explained that the Senate didn’t spend extra because the prosecution and defense paid for their food and other expenses.

Now that the defense is left with only one article of impeachment to contend with, there is growing speculation as to whether this would mean Vice President Sara would be forced to testify in her own trial.  A Pulse Asia survey showed that one of two Pinoys want her to testify and perhaps this was the plan of the prosecution team all along.  Atty. Lorna Kapunan said she is ready to cross-examine the vice president if the opportunity presented itself.

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A former lawyer for the late impeached chief justice Renato Corona, Tranquil Salvador, said the defense can play the VP Sara card and have her testify in order to present their case to the public. 

Still, VP Sara contented herself so far with holding press conferences and calling for President Bongbong Marcos Jr. to resign so she can take over.  The possibility of that happening is quite remote unless the vice president can somehow muster a People Power type outrage and secure military support.

But eventually she would have to decide whether or not to appear and testify in her own impeachment trial. That’s a gamble and a calculated risk that half of the respondents in said Pulse Asia survey—taken in the Sept. 17-24 period which is smack in the middle of the impeachment trial—said she should take if only to appeal her case to the public.  That’s the proverbial ‘huling baraha (last card)’ play right there.

So far, VP Sara called the impeachment trial as ‘political theater’ and insisted that she won’t resign her post.  She is backed into a corner and eventually she will have to decide whether or not to address the allegations squarely as what millions of Filipinos want her to do.  That she can address the ‘unexplained wealth’ allegation adequately remains to be seen if the defense can present enough witnesses and build a strong case for her acquital.

What can be agreed on is that the sooner the impeachment trial ends, the better for the country—that is if the Senate impeachment court ruling doesn’t spark public outrage which remains unknown as of this time.  It’s also unknown if the public can move on from the verdict whether it be conviction or acquital anytime soon should it be handed down on or before December this year but it has to be done.

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