The House prosecution panel welcomes the Senate Impeachment Court’s appointment of four “amici curiae”, who will provide advice on the issue of conviction threshold in the impeachment trial of Vice President Sara Duterte.
House Prosecution Panel Spokespersons Rep. Zia Alonto Adiong and Robert Ace Barbers consider Retired Chief Justices Artemio Panganiban, Reynato Puno, Hilario Davide Jr. and Retired Supreme Court Associate Justice Adolfo Azcuna legal experts, who are “credible” and have “integrity”.
They added that those who were among the framers of the Constitution can also provide insights on the intent of the phrase “no person shall be convicted without the concurrence of two-thirds of all the Members of the Senate” in the 1987 Constitution.
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“Credibility, expertise and integrity. These are perfect experts that have been chosen by the Senate to be part of this process by soliciting their opinions regarding the threshold. Apart from they have served as former justices or chief justices of the Supreme Court, dalawa po dyan also sat in the Constitutional Convention of 1986, that drafted the 1987 Philippine Constitution… Threshold ang pag-uusapan natin dito, but also what transpired during the discussion in the 1986 Constitutional Convention deliberations… Former Justice Azcuna and former Chief Justice Hilario Davide. Baka rin po masabi nila kung ano talaga ang intensyon, paano nila napag-usapan ito during the deliberation of the framing of the constitution,” Adiong said.
“I subscribe to that, kasi mahalaga na magkaroon ng opinion na maaaring gawing basehan ng ating Impeachment Court sa kanilang magiging desisyon in the future. We are luck because the framers of the Constitution, some members are still here, present, and can give their opnion on issues that are very very important,” Barbers added.
The House panel will still have to discuss its “official position” on the matter and who will present it before the Impeachment Court in the September 23 oral arguments.
“If you’re asking us kung ano ‘yung interpretation natin whether dapat ibaba or dapat i-retain, there is no official stand,” Adiong said.
For now the prosecution continues to abide by the Presiding Officer’s earlier ruling that 16 votes constitute two-thirds of the Senate.
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But Barbers also noted, it is “not fair” for a senator-judge, who failed to participate in the impeachment trial to vote and decide on the articles of impeachment.
“It is not fair for a senator-judge to render a decision when he has not seen the evidence, not heard the testimonies of the witnesses or has not seen the demeanor of the witnesses being presented by both panels… which I think is quite important and very logical,” he said.
CONFIDENTIAL FUNDS
Barbers and Adiong, meanwhile, said they see a “pattern” in the confidential fund use of the Office of the Vice President, the Department of Education, and Davao City when Sara Duterte headed those offices.
They said the confidential funds were turned over to a security officer.
“If you tie the testimony and the evidence na nakita natin, narinig natin, with her previous position, when she was then the Davao Mayor, nakita po natin ‘yung similarity kung gaano kaimportante ‘yung confidential funds na ito para sa kanya… It appears that ‘yung operation, kung paano gamitin ang confidential funds was also brought in to the Office of the Vice President and to the Department of Education… The similarity and the pattern is so striking, and for obvious reasons, hindi natin ma-ignore ‘yun. Hindi po ito galing sa amin, galing po ito sa mga dokumento, galing po ito sa testimonya ng mga naging testigo natin sa impeachment court,” Adiong explained.
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“Ito ay confi scam. At ang di umano’y mastermind ng operasyong ito ay walang iba kundi si Vice President Sara Duterte,” Barbers said.
“Ito ay isang malaking scam, dahil mismong ‘yung ating mga batas, at ang ating joint circular, sinasabi na kapag hindi ito naipaliwanag nang maayos sa pamamagitan ng pagsumite ng mga dokumento o records na magpapatunay na legit ang paggamit ng perang ito ay may presumption na itong perang ito ay maaaring ginamit for personal benefit, o di kaya ito’y ibinulsa,” he added.
Alleged confidential fund misuse is among the basis for an article of impeachment against Duterte.