The Senate’s Pretrial Order has already laid down the roadmap for the proceedings, identifying the issues to be resolved, the evidence to be offered, the witnesses to testify, and the facts already stipulated by both parties.
Among the prosecution’s expected witnesses is the individual publicly known as “Mary Grace Piattos,” while one of the most closely watched pieces of evidence remains the sealed “BIR box” containing the income tax records of Duterte, her husband, Manases Carpio, and their businesses.
The tax records have remained under seal after senator-judges deferred action during the pretrial stage because of legal concerns surrounding taxpayer confidentiality.
The box
Former Supreme Court associate justice Adolfo Azcuna (see related story) has suggested that the Senate, acting in its legislative capacity, could legally open the records before endorsing them to the impeachment court, although the proposal has yet to be acted upon.
Legal observers also expect procedural battles over documentary evidence and witness testimony before the impeachment court fully confronts the merits of the complaint.
Senate Secretary Renato Bantug Jr., clerk of the impeachment court, said the trial could proceed as long as at least 13 senators are present, saying a full attendance is not required to establish a quorum.
Under the Constitution, conviction requires the votes of at least two-thirds of all senators, or 16 of the 24 members.
A guilty verdict would remove Duterte from office and could permanently disqualify her from holding any public office. Failure to obtain the required votes would result in her acquittal.
Whatever the outcome, the impeachment verdict will not preclude separate criminal or civil cases should investigators later find sufficient grounds to file them.
A major question that may ultimately be resolved by the Supreme Court is whether the 16 votes needed for conviction could be reduced because of the absence of Sen. Ronald dela Rosa and the detention of Sen. Jinggoy Estrada on separate legal cases.
House prosecution panel adviser and Surigao del Norte Rep. Robert Ace Barbers, meanwhile, said the proceedings could be completed earlier than expected if both camps agree that the evidence already presented is sufficient, eliminating the need to present all witnesses and documentary evidence.
Senate President Sherwin Gatchalian has likewise urged both sides to streamline their presentations to shorten the trial.
“A full court isn’t necessary. Even in our previous proceedings, it wasn’t required,” Bantug said in Filipino in a radio interview.
“There will be a roll call anyway. Once we’ve established that there’s a quorum, the impeachment court can proceed with its agenda for the day,” he added.
Gatchalian’s allies comprise the 13-member majority bloc.
The trial opens under intense public scrutiny, with civil society groups urging senator-judges to set aside political loyalties and decide the case solely on the evidence presented in court.
‘Guilty’
On Sunday, members of Tindig Pilipinas carried symbolic copies of the four Articles of Impeachment from the House of Representatives to several government offices to underscore what they described as the constitutional duty of public accountability.
“Whatever political considerations our senators may have, they will be judged by the Filipino people,” Tindig Pilipinas co-convenor Kiko Aquino Dee said.