IMPEACHMENT TRIAL OF VP SARA DUTERTE (DAY 24)

Summary of Day 24 — Impeachment Trial of VP Sara Duterte

Court session and procedural setup

• The Senate impeachment court formally calls the trial to order, establishes quorum, and moves to dispense with reading the prior Senate journal.
• The prosecution and defense present their positions and manage pre-trial logistics, including:
  • exhibit marking
  • subpoena administration

Dispute over the prosecution’s “surprise” expert witness (Justice Aaro Kabotang / retired Sandiganbayan justice)

• The prosecution seeks to present retired Sandiganbayan justice Aaro Kabotang to provide an expert framework on public accountability concepts related to:
  • unexplained wealth / hidden wealth / allegedly illegally acquired wealth
  • related legal standards and how they guide evaluation of evidence
• Defense objections focus on:
  1. Surprise witness: not listed/covered in the pre-trial order and allegedly not properly reserved beforehand.
  2. Due process / fair play: the defense claims it was not given prior materials or adequate notice of what she will testify to.
  3. Improper role: the defense argues she is effectively providing conclusions of law and usurping the court’s function.
  4. No expert qualification determination by the court: the defense disputes her treatment as an expert legal witness.
  5. Substance concerns: the defense stresses she lacks personal knowledge of the respondent’s specific facts because she hasn’t heard both parties’ evidence.

Court ruling on admissibility (allowing testimony, subject to cross)

• The presiding court allows the testimony despite objections, with key points:
  • Judicial notice may apply to laws generally, but the meaning/application in a specific case still requires evaluation.
  • The witness’s statements are not binding on the impeachment court; they are subject to cross-examination.
  • The defense may challenge credibility, reliability, and expertise, and may present its own witness.
  • Cross-examination timing: the defense is permitted to cross later (after lunch/at a scheduled time), while the trial continues.

Direct testimony themes from Justice Kabotang

Kabotang discusses legal concepts used in unexplained wealth / forfeiture-type proceedings, including:

• Definitions and distinctions among:
  • “unexplained wealth”
  • “hidden wealth”
  • “ill-gotten / illegally acquired wealth”
• Grossly disproportionate wealth relative to lawful income during incumbency
• References to statutory provisions (as cited in the subtitles), including RA 1379, and related constitutional provisions and procedures affecting presumptions (including preliminary inquiry)
• The idea that assets held in spouses/children’s names may be considered in determining unlawful acquisition under relevant legal frameworks
• Filing rules for Statement of Assets, Liabilities, and Net Worth (SALN) and accountability concepts, including:
  • treatment of “cash on hand / cash in bank”
  • possible implications of omissions depending on intent

Senator and judge interjections during testimony (highlights)

Multiple senator-judges press on issues such as:

• Whether omission vs. concealment changes the legal inference
• Whether unexplained wealth has a time limit (she states recovery is imprescriptible)
• Whether cash deposits and reclassification affect AMLC reporting coverage (she answers generally/legal-wise, noting she lacks case-specific personal knowledge)
• How burden / presumption operates under RA 1379 (she emphasizes shifts in burden of proof; later discussion includes clarification by the chair)
• SALN compliance and divestment / conflict-of-interest principles for President/VP (she cites constitutional interpretations and ethics/conflict-of-interest frameworks)

Key defense cross-examination outcomes (control of witness limits)

• During cross, the defense repeatedly seeks to narrow her to personal knowledge, arguing that she:
  • does not have direct knowledge of VP Duterte’s actual financial facts, SALNs, liabilities, or specific predicate offenses
  • acknowledges she did not read the impeachment articles in full
  • generally testifies only to legal principles and prior Supreme Court guidance
• The defense also challenges:
  • whether her status as an “expert” is being used to interpret case-specific allegations
  • relevance, given she did not study respondent-specific facts
• Cross includes denial of personal familiarity with:
  • unexplained wealth facts
  • specific real property or stockholdings
  • whether AMLC reports reflect the “true” balances or transactions in the case

Additional procedural notices by the court near adjournment

• The court announces participation of legal luminaries as amicus curiae / expert advisers on constitutional interpretation issues raised in the trial.
• It also:
  • manages subpoena document-extension requests for PNB and Union Bank (extension partially granted with a non-extendable deadline)
  • reminds parties of deadlines for submissions related to requests for admission

Next witnesses scheduled

Tomorrow’s planned witnesses:

• Attorney Karen Batu — Office of the Ombudsman
• Attorney Herardo de Rosario — SEC

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Presenters / Contributors (as named in the subtitles)

Presiding / Senate court leadership

• Senator Judge / Senator Justice Coddero (Senate President / presiding leadership referenced)
• Senator Justice Coddero (called out as presiding officer)
• Senator Judge Gachalian (Senate President referenced among quorum roll)

Prosecution and defense counsel

• Congressman / Representative Chel Jo (co-head prosecutor for Article 2)
• Congressman / Representative Terry Reon (co-head prosecutor for Article 2)
• Attorney Mark (defense counsel: “Mark Steven Luan”)
• Attorney Shell (defense counsel referenced)
• Additional legal counsel assisting in cross/direct (names appear in subtitles but are often garbled)

Witness

• Justice Aaro Kabotang (retired Sandiganbayan justice; testimony offered as framework/expert-type witness)

Senator-judges who interjected (mentioned in subtitles)

• Senator Judge JVito (led in prayer)
• Senator Judge Aino
• Senator Judge Kayatano Alan (appears more than once)
• Senator Judge Marcos
• Senator Judge Padilia
• Senator Judge Pangilinan
• Senator Judge Sto. (Sto justices referenced)
• Senator Judge Erwin Tulfo
• Senator Judge Rafi Tulfo
• Senator Judge Villanovva
• Senator Judge Lacson
• Senator Judge Zubiri
• Senator Judge Antiveros
• Senator Judge Pangelinan
• Senator Judge Lena / Laxon (Laxon appears multiple times)
• Senator Judge Risa (interjection after lunch)

Amicus / expert advisers announced (later court notice)

• Retired Chief Justice Artio Vanganiban
• Retired Chief Justice Renato Espuno
• Retired Chief Justice Hilario Davidida Jr.
• Retired Associate Justice Adulo Adula
• Retired Chief Justice Panganiban and Puno (names appear together/garbled)
• Father Ranilio C Aino (School of Law position paper referenced)