Senate President Win Gatchalian said Sunday that no amount of procedural wrangling between the prosecution and Vice President Sara Duterte’s defense could delay the start of the impeachment trial scheduled for 6 July.

Gatchalian admitted they are racing against a “tight” schedule, though he said he is optimistic they can conclude all preliminary matters on Monday so the pretrial order can be issued to the parties shortly afterward.

Before the trial proper had even begun, the opposing camps already sparred over the sealed Bureau of Internal Revenue (BIR) box containing the income tax returns of Duterte and her husband, lawyer Manases Carpio.

During the five-day pretrial conference that concluded last week, House prosecutors insisted on opening the box to pre-mark its contents, which they could use as evidence to support allegations of unexplained wealth and discrepancies in the vice president’s Statements of Assets, Liabilities and Net Worth (SALNs) under Article II.

However, the move met strong objections from Duterte’s lawyers, who cited confidentiality and the right to due process. Even marking the box itself was opposed by the defense.

They argued that it is still premature to open it at the preliminary stage of the proceedings and that doing so could infringe on Manases’ privacy because he is a private citizen.

‘It’s a go’

Subsequently, the defense reportedly agreed, in principle, to open the sealed box.

As a result, the decision on whether to open the box during the trial now rests with the Senate impeachment court.

“I know that’s the only remaining unmarked evidence. The defense already submitted a memo to the impeachment court for its consideration. The impeachment court will now decide whether it will be opened and when it will be opened,” Gatchalian said in a radio interview.

The sealed box was submitted by the BIR to the House Committee on Justice during the impeachment hearings earlier this year.

However, the panel did not open it to avoid legal complications because, although the BIR commissioner may disclose pertinent tax and audit information to Congress, such disclosure must be made strictly during an inquiry in aid of legislation.

Since an impeachment proceeding is not explicitly an inquiry in aid of legislation, House lawmakers left it to the Senate impeachment court to decide whether to open the box once the trial begins.

“It is all systems go” for the upcoming impeachment trial, according to Gatchalian.

The Senate will conduct a security dry run this week. By Tuesday, the physical setup will be in place to assess the flow of entries in preparation for the expected number of participants in the trial.

Senate Secretary Renato Bantug Jr., the clerk of court, announced that the trial will be open to the public, although online preregistration will be strictly enforced.

Public seats

Several seats in the Senate plenary hall will be designated for the public.

Bantug said the 370-seat capacity will be divided equally among the prosecution, the defense and the public.

The impeachment trial will run from Monday to Wednesday at 2 p.m. Before President Ferdinand Marcos Jr.’s State of the Nation Address on 27 July, that schedule will remain in effect. Afterward, it will shift to Tuesday through Thursday at the same time.

Bantug said the proceedings could become the longest impeachment trial on record, lasting as long as seven months.

He earlier said the presentation of evidence alone could take 92 trial days. Both the prosecution and the defense agreed that it is highly unlikely the trial will conclude within three months, or by September, as initially projected.

House prosecutors initially requested 62 trial days to present their witnesses, while the defense sought only half that number, or 30 days.