Targeted solon will don robe Gatchalian: Marcoleta can participate in trial

Alongside Marcoleta, the donors — former representative Mike Defensor and businessmen Joseph Espiritu and Aristotle Viray — were charged as co-accused.

The Ombudsman proceeded with the indictment amid mass protest rallies staged by Marcoleta’s supporters in the Iglesia ni Cristo.

Asked about the possibility of a Sandiganbayan trial for Marcoleta, Gatchalian declined to speculate. He emphasized that Marcoleta was still entitled to due process and would have the opportunity to present his defense before the anti-graft court.

Until an official ruling is issued, the Senate head indicated, Marcoleta remains a senator and is free to participate in the impeachment trial.

“Marcoleta has the opportunity to present his defense and explain before the court. It does not mean that once it becomes final in the court, there will automatically be a warrant of arrest. This is our judicial process. So he will be given the chance to file his defense,” Gatchalian said.

“So far, what is sure is that Senator Marcoleta can participate in the trial,” he added.

Ready for trial

Gatchalian said the Senate impeachment court is fully prepared to begin the trial of Vice President Sara Duterte on Monday, following a caucus where the senator-judges discussed logistical and procedural matters.

While he declined to disclose the body’s decisions, he confirmed that the discussions covered the court’s physical setup, security arrangements, and operational guidelines.

Six sets of guidelines covering security, media access, and the movements of the senator-judges have been issued.

Gatchalian said official documents, including pre-trial orders, were being uploaded to the Senate website as part of transparency.

He explained that under the impeachment court’s rules, Vice President Duterte is not required to personally appear in Monday’s proceedings.

The respondent has the option to attend or designate a representative to appear on her behalf, consistent with the court’s rules.

Preliminary statements

He said Monday’s proceedings will primarily consist of opening statements by both the prosecution and the defense, with witness testimonies and the presentation of evidence expected to begin on Tuesday.

On questions surrounding the required number of votes for conviction, Gatchalian said the issue has not formally arisen before the impeachment court, noting that discussions have so far been limited to legal commentators and media reports rather than official court proceedings.

The Senate President likewise downplayed the pending petition before the Supreme Court questioning the legality of the Senate’s 3 June s-ession, saying it has not affected preparations for the impeachment proceedings, which continued as scheduled.

Extensive preparations

As presiding officer of the impeachment court, Gatchalian said he has been preparing extensively, reviewing documents and overseeing the issuance of official orders.

He acknowledged, however, that balancing the impeachment trial with the Senate’s regular legislative work — including committee hearings, investigations, and the upcoming budget deliberations — will be a significant challenge.

He said committee hearings may be held in the mornings since the impeachment trial is set for the afternoons.

Once the Second Regular Session of Congress opens after the State of the Nation Address on 27 July, the Senate plans to hold regular sessions at 10 a.m., followed by the impeachment trial at 3 p.m., allowing both legislative work and the trial to proceed simultaneously.

Gatchalian said that while the Senate rules designate the Senate President as the presiding officer of the impeachment court, they also allow a majority of the senator-judges to elect another presiding officer if they vote to do so.

He declined to speculate on whether such a motion would be made or whether he would support it, saying it would be inappropriate to preempt the body’s decision.

Duterte camp won’t stall trail

With the Senate set to open the impeachment trial of VP Duterte on Monday, her defense team pledged not to employ delaying tactics, even as it prepared to challenge key procedural issues expected to surface once the proceedings begin.

Defense team spokesperson Michael Poa said they were ready to proceed after months of preparation, adding that while the defense expects the trial to last at least 30 hearing days, its duration would ultimately depend on the evidence presented by the House prosecution panel.

“We will not be the cause of any delay. There will be instances when we will have to make motions because we need to protect the rights of our client, but the length of the trial will really depend on the evidence presented by the prosecution,” Poa said.

The Senate impeachment court earlier entered the final stretch of preparations for the 6 July trial, after formally notifying Duterte to appear either in person or through counsel at the opening session.

Gatchalian said the chamber was “very prepared” to begin proceedings after completing inspections of the Senate Hall and trial facilities.

Trial hearings are initially scheduled from Monday to Wednesday at 2 p.m., then shift to Tuesdays through Thursdays at 3 p.m. after President Ferdinand Marcos Jr.’s State of the Nation Address.

BIR box dispute

Meanwhile, the Senate impeachment court should return the sealed Bureau of Internal Revenue (BIR) box containing VP Duterte’s tax records to the House of Representatives if it has no legal basis to open it, Sen. Panfilo Lacson said Saturday.

Lacson said the impeachment court had agreed not to open the sealed box, which reportedly contains the income tax records of Duterte, her husband, lawyer Manases Carpio, and related entities, because doing so could violate confidentiality provisions under the National Internal Revenue Code.

Speaking in a radio interview, Lacson said tax records may only be disclosed upon written authority from the Office of the President or through a waiver executed by the taxpayer whose records are being sought.

“The impeachment court has no business keeping the BIR box,” said Lacson, adding that if the documents cannot legally be opened, the Senate should return them to the House rather than retain custody.

He warned that keeping the records without authority could expose the impeachment court to allegations of grave abuse of discretion.

The House Committee on Justice in April voted against examining the BIR records but included the sealed box among the evidence transmitted to the Senate for possible use during the impeachment trial.

The House prosecution panel had asked the impeachment court during the pre-trial proceedings to unseal the box for pre-marking of evidence, arguing that the records were relevant to the impeachment case.

Poa, however, clarified that the defense was not objecting to the opening of the box itself, contrary to claims circulating online.

Instead, the defense wants any opening of the box conducted in executive session, arguing that tax records are covered by confidentiality provisions under the National Internal Revenue Code and may contain information involving private individuals not party to the impeachment case.