House pushes impeach trial tweak

House prosecutors have asked the Senate impeachment court to allow the prosecution and defense to present evidence alternately on each of the four Articles of Impeachment against Vice President Sara Duterte.

In a manifestation filed on 27 July, the prosecution said the Constitution and the Senate’s impeachment rules leave the order of presenting evidence to the discretion of the impeachment court.

“Subject to the sound discretion of the Impeachment Court, the Prosecution respectfully manifests its preference for the proposed alternating presentation of evidence by the Prosecution and the Respondent on an article-to-article basis,” the filing stated.

The prosecutors noted that a similar proposal was raised by a senator-judge during the 2012 impeachment trial of former Chief Justice Renato Corona.

The Senate, however, required the prosecution to complete its presentation before the defense presented its evidence.

The prosecution argued that the earlier ruling was not based on any constitutional or legal requirement but was simply an exercise of the Senate’s discretion.

It also said neither the Constitution nor the existing impeachment rules require evidence on each article to be presented continuously before moving to another article.

While expressing its preference for an alternating presentation, the prosecution said it would abide by whatever procedure the impeachment court adopts.

The impeachment trial resumes Wednesday, 29 July, with the prosecution set to present its first witness on Article I, which concerns the alleged misuse of confidential funds by Duterte.