Vice President Sara Z. Duterte should personally explain before the Senate impeachment court her alleged threats against the country’s top officials, House prosecutor and Akbayan Party-list Rep. Jose Manuel “Chel” Diokno said on Monday.
Speaking at a press briefing at the House of Representatives, Diokno said it is ultimately up to Duterte and her defense team to decide whether she will testify.
“That’s the call of her lawyers and herself,” Diokno said when asked whether Duterte should take the witness stand to answer allegations that she threatened President Ferdinand R. Marcos Jr., First Lady Liza Araneta-Marcos and former Speaker Ferdinand Martin G. Romualdez.
“However, I think that for the court to have a full appreciation of what she is claiming, then the court, I think, would benefit from hearing her explain personally why she said those things that we all saw,” he added.
Diokno said the prosecution team is ready to cross-examine the Vice President “if she comes out and testifies.”
He also pointed out that Duterte had been invited to appear during the House Committee on Justice hearings on the impeachment complaints, but did not attend.
“Ito na ang pagkakataon niya na ipaliwanag ’yung kanyang mga depensa at ’yung mga sinasabi nga niya sa media pa lang so far (This is her opportunity to explain her defense and her statements to media so far),” he added.
Article IV of the Articles of Impeachment alleges that Duterte contracted an assassin, made grave threats against the country’s top officials and incited to sedition.
Duterte invoked freedom of expression in response to those allegations.
But Diokno disagreed with the Vice President’s defense.
“Freedom of speech is not absolute. There are limits to freedom of speech,” he said.
Diokno, however, said the prosecution would leave it to the impeachment court to resolve Duterte’s arguments.
“We will leave it to the impeachment court to resolve the arguments made by the Vice President. We are very, very ready to respond in the proper forum,” he said.
House impeachment prosecutor Leila de Lima of Mamamayang Liberal Party-list echoed Diokno’s sentiments, pointing out that while the prosecution disagrees with Duterte’s position, it will raise its arguments at the proper time and in the proper forum.
“I’m afraid that we cannot really dwell on that as extensively as we would, because that’s already touching on the merits as part of the defense of the Vice President,” De Lima said.
“We, of course, espouse the contrary view, but we’d rather that we articulate on this in due time before the impeachment court,” she added.
Meanwhile, private prosecutor Benjamin “Jay” Tolosa Jr. said the impeachment rules contemplate not only the filing of an answer but also the respondent’s appearance before the Senate impeachment court.
He noted that while Duterte has already complied with the requirement to submit her answer, the impeachment court has yet to direct her to personally appear.
“And just to clarify, under the rules, it’s expressly stated there that the impeachment court shall require the respondent to both file an answer and appear in court,” Tolosa said.
“So far, in the issuances of the impeachment court, that second part, requiring her to appear, has not been done. So, we will wait for the impeachment court when it will find it appropriate to require her to do so,” he added.
The Vice President also faces allegations of misuse of confidential funds, bribery of Department of Education personnel and unexplained wealth. The Senate impeachment court is scheduled to begin trial on July 6. (PNA)