House prosecutors reserve right to call VP Sara over threats charge

By Wilnard Bacelonia

House prosecution counsel Lorna Kapunan (PNA photo by Joan Bondoc)

MANILA – The House prosecution panel on Tuesday reserved its right to seek a subpoena compelling Vice President Sara Duterte’s presence in her impeachment trial, saying she could be called as a witness in connection with the grave threats and acts of sedition charge.

During the second day of Duterte’s trial, prosecution counsel Lorna Kapunan asked the Senate impeachment court whether Duterte, who was reportedly within the Senate premises earlier, intended to personally appear before the tribunal.

Kapunan said the query was relevant because the prosecution was preparing to present evidence on the first article it would tackle — grave threats and acts of sedition — where Duterte may be treated as a key but hostile witness.

“We are already respectfully informing this Honorable Court that we will manifest, that we will have a written request for her presence in connection with this article on grave threats,” Kapunan said.

Presiding Officer Francis “Chiz” Escudero, however, declined to refer the question to Duterte’s counsels, saying he did not want the parties to engage in a debate before the court.

Escudero said the impeachment rules do not require Duterte to personally attend any hearing or trial, noting that she is already represented by counsel.

“To answer, the impeachment rules do not mandate nor require the respondent to attend any hearing or trial of the impeachment court,” Escudero said.

He said the court would act on any motion or request to call Duterte as a witness once it is formally made or filed, after giving the defense an opportunity to comment.

Kapunan said the prosecution would abide by the ruling but made clear that it was not giving up its option to call Duterte at the proper time.

“We are not waiving the right to call her at the appropriate time and to file the appropriate request for subpoena,” she said.

The impeachment court earlier allowed the prosecution to begin its presentation with the article on grave threats before proceeding to the articles on confidential funds, bribery, and unexplained wealth.