By Pexcel John Bacon and Erika Mae P. Sinaking, Reporter
HOUSE of Representatives prosecutors said Vice-President Sara Duterte-Carpio’s defense faces a difficult task rebutting documentary evidence they say links her to P817 million in unexplained wealth, with the figure potentially reaching P1.5 billion, as the impeachment trial resumes on Nov. 9.
“For me, yes, [it’s a] checkmate,” prosecution spokesperson and adviser Robert Ace S. Barbers told reporters on Tuesday, saying the evidence came from government records and Ms. Duterte’s own disclosures.
He said the prosecution had submitted bank records, Bureau of Internal Revenue (BIR) documents, statements of assets, liabilities and net worth and other records that showed discrepancies between Ms. Duterte’s declared assets and her financial holdings.
“That document didn’t come from the prosecution. It came from them,” he said in Filipino.
Ms. Duterte’s legal counsel and defense spokesman Michael T. Poa did not immediately reply to a Viber message seeking comment.
Mr. Barbers questioned whether the defense could produce witnesses from the BIR, banks or the Anti-Money Laundering Council who would contradict records submitted by those institutions.
He also cited Ms. Duterte’s declared business interests and said he wanted to know whether records showed she had divested from those businesses while serving as Vice-President.
He said the defense’s reported plan to present more than 90 witnesses would matter less than whether they could rebut documentary evidence.
He added that it remained unclear whether those witnesses would address all impeachment articles or only the charge involving unexplained wealth.
Mr. Barbers said he was interested in the testimony of a financial forensics expert the defense might call after prosecution witness Alexander B. Cabrera.
“It’s numbers, but it’s better for the public to understand it because you are talking of P817 million in unexplained wealth that could still reach P1.5 billion,” he said.
He also questioned whether a claim that Ms. Duterte was unaware of certain bank transactions involving her father and husband would be enough to counter the prosecution’s evidence.
Mr. Barbers said the prosecution remained confident its evidence and witness testimony supported a conviction, adding that the defense should be given the opportunity to present its case.
Asked about a possible replacement for Ms. Duterte if she is convicted, Mr. Barbers said discussions were premature and any appointment would be the President’s prerogative.
‘PREMATURE’
Malacañang separately urged lawmakers to avoid discussing succession while the impeachment trial remains unresolved.
“First of all, the replacement of the Vice-President should not even be discussed at this time,” Palace Press Officer Clarissa A. Castro told a news briefing in Cagayan de Oro. “It is highly premature.”
“Let us at least respect the Office of the Vice-President,” she added in Filipino.
Ms. Castro said President Ferdinand R. Marcos, Jr. wanted the proceedings to run their course and that due process should be respected before any discussion of succession.
Her remarks came after Senator Alan Peter S. Cayetano called on senator-judges to pledge they would reject any offer to replace Ms. Duterte if she were removed from office.
“It’s essential that in all impeachment proceedings (especially of Presidents and Vice-Presidents), senator-judges are politically neutral and will have no incentive to convict except for evidence that proves the article/s of impeachment,” he said in a Facebook post on Monday.
Ms. Castro said Mr. Cayetano has no authority to dictate how senators should respond to a hypothetical offer or to anticipate the President’s decision.
The Constitution requires the President to nominate a replacement Vice-President from among sitting members of the Senate or House of Representatives. The nominee must then secure confirmation from a majority of all members of both chambers voting separately.
Political analyst Jesus Nicardo M. Falcis III said discussions on replacing Ms. Duterte are premature because the impeachment court has yet to vote.
“For all we know, it may not reach the threshold number to convict,” he told BusinessWorld in a Facebook Messenger chat.
He said senator-judges should nonetheless declare they would not accept a nomination to replace Ms. Duterte to avoid questions about self-interest.
Senate President Sherwin T. Gatchalian also urged lawmakers to focus on the trial.
“Let’s finish the impeachment first before we talk about that,” he told reporters in Filipino.
Senator Joseph Victor “JV” G. Ejercito said it would ideally be better for senator-judges not to accept such an offer, while Senator Francis G. Escudero said he would decline because it could create a conflict of interest.
“We are the ones who made the decision, and I don’t think that would be right,” Mr. Escudero said in a podcast interview on Monday.
The House impeached Ms. Duterte over allegations of unexplained wealth, misuse of confidential funds, bribery and threats against Mr. Marcos, First Lady Marie Louise Araneta-Marcos and a former House speaker. Ms. Duterte has denied wrongdoing.
House prosecutors earlier dropped three impeachment articles and are pursuing only the unexplained wealth charge.
The Senate began hearing the case on July 6 and suspended proceedings until Nov. 9 to accommodate budget deliberations and review the prosecution’s evidence. The defense is set to begin presenting its case when the trial resumes.
A conviction would remove Ms. Duterte from office and disqualify her from holding public office, potentially affecting her plans to run for President in 2028.