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

Defense spokesperson Michael Poa said the camp was ready to proceed after months of preparation, adding that while the defense expected 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 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," said Poa.

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. 

Senate President Sherwin Gatchalian, who confirmed he would preside over the impeachment court, 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 before shifting to Tuesdays through Thursdays 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 Vice President Sara 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 Mans 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 sought.

"The impeachment court has no business keeping the BIR box," Lacson said, 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's impeachment hearings in April voted against opening 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 has asked the impeachment court during the pre-trial proceedings to unseal the box for pre-marking of evidence, arguing that the records are 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. 

Procedural objections

The defense is also contesting a prosecution request allowing both a public prosecutor and a private prosecutor to question the same witness.

Poa said the camp was not objecting to the participation of private prosecutors but believed only one lawyer from each side should examine a witness to ensure the orderly conduct of the proceedings.

"We're not opposing the private prosecutor," he said. "We're opposing having two lawyers examine one witness because that could create confusion."

He added that every member of Duterte's legal team had been trained to handle any witness and any article of impeachment, allowing the defense to adjust throughout what could become a months-long trial.

Asked whether Duterte would personally attend Monday's opening, Poa said the decision would depend on how the proceedings unfold, noting that the Senate's notice expressly allows her to appear "in person or through counsel."

"We'll see first how the trial develops. If we believe her physical presence is necessary, we will advise her accordingly,” he said.

He stressed that the Vice President's physical attendance is "not integral at this point" and should not be construed as avoiding the impeachment proceedings.

Despite the legal battles expected to unfold, Poa said Duterte remained actively involved in discussions on the defense's legal strategy while continuing to perform her duties as Vice President.

"She's in good spirits. Even with the impeachment trial, she believes public service should continue," Poa added.

The Senate impeachment court is expected to spend Monday's opening session resolving preliminary matters before hearing the prosecution's first witnesses in support of the fourth article of impeachment, which accuses Duterte of culpable violation of the Constitution, high crimes and betrayal of public trust.