While snubbing the House of Representatives, the camp of Vice President Sara Duterte says that the defense team will fully participate if a full-blown impeachment trial will be held in the Senate.
Lawyer Michael Poa, spokesperson for Duterte’s 16-member legal team, told radio dzBB that the Vice President would personally attend the impeachment trial if needed.
“As for the Senate, we will definitely participate, the defense team. It is a real trial so the defense team will be there, the prosecutors will be there. The very presence of the Vice President, of course, it will depend on what the incident is for that trial – if it is necessary for her to be there in the trial, just like during the impeachment of the late former chief justice Renato Corona. She will not be present in all the proceedings,” Poa said.
He added that the defense team would participate in a Senate trial without waiving the petition filed before the Supreme Court questioning the legality of the impeachment proceedings in the House of Representatives.
At the same time, Poa defended the decision of the defense team to resort to the filing of a petition before the high tribunal.
“We understand the sentiments…. because there is a right way to do everything. So for us, when we see that as the Vice President’s lawyers, even though we want to answer all the allegations, in fact, last year the Vice President wanted to answer and she, herself stated that, but when we see things that are constitutionally wrong in the process, it is also our duty to go to the Supreme Court to have a ruling, not just for the Vice President but for all impeachable officers in the future,” Poa added.
Poa maintained that Duterte is only exercising her right.
“It is the right of every Filipino that if you see a violation, a transgression against your basic fundamental constitutional rights, right to due process for example, we should ask the court to really have a ruling on whether what the House is doing is right,” Poa noted.
Poa said that the House justice committee failed to provide a copy of the documents presented prior to the impeachment hearings.
“If we would have attended those hearings, we don’t even have a copy of the documents before those hearings. So how can we intelligently respond on the spot? So, how can we answer that? We can’t study the document,” Poa added.
Earlier, 53 justice committee members voted unanimously in both Saballa and Cabrera complaints that they have established probable cause and have therefore reason to believe Duterte should undergo trial for alleged unexplained wealth, among many others.
The justice committee will consolidate the two impeachment complaints filed against Duterte before it sends its report to the plenary, a step before the chamber sends it to the Senate for impeachment trial.
No taxpayer money used for defense team
The government is not funding the hiring of Vice President Duterte’s 16-man legal team, according to her counsel in the impeachment complaint.
Poa said their fees were not being shouldered by the Office of the Vice President (OVP).
“Again, I cannot, because of client privilege and ethical reasons, we cannot disclose the details of our engagement. But I can tell you now that this is definitely not funded by the OVP. Because the case, even in relation to her office, is personal to the Vice President,” Poa added.
Aside from Poa, the 16-man legal team of Duterte include Philip Sigfrid Fortun; Gregorio Narvasa II; Sheila Sison; Carlo Joaquin Narvasa; Justin Nicol Gular; David Ronell Golla VII; Lindon Miguel Bacquel; Karol Grace Oroceo; Clarlaine Radoc; Francesca Marie Flores; Miguel Carlos Fernandez; Reynold Munsayac; Mark Vinluan; Ralph Bodota; and Roberto Batungbacal.
“So, it’s not funded by the OVP or the government, if there is a payment from the lawyers,” Poa added.
At the same time, Poa denied that reports that Michael Yang and Sammy Uy are allegedly funding the hiring of the 16-man defense team.
“For us, our engagement is strictly and directly with the Vice President…if there is any being received… it should be from the Vice President in her own personal capacity,” Poa added.
‘No right’ to subpoena bank records
The camp of Vice President Duterte’s husband argued that the House of Representatives has no right to subpoena bank records in general because it does not act as an impeachment court.
Neil Abayon, spokesperson for Second Gentleman Mans Carpio, said the exception of non-disclosure of bank records “in cases of impeachment” is only permissible when the Vice President is already on trial.
“Our position is that there’s still no impeachment case,” Abayon told “On Point” on Bilyonaryo News Channelon Thursday night, April 30.
“Currently, the House of Representatives is performing its constitutional mandate, which is to initiate an impeachment. And as described by the HOR themselves, it’s akin to a preliminary investigation, [in which] the investigating prosecutor has no court power,” he stressed.
Abayon added that the House Justice Committee, which spent four hearings determining if the two impeachment complaints against Duterte have probable cause, has no right to cross-examine any evidence, be it bank records or witnesses.
“Establishing probable cause does not amount to a court-level of proceedings in a Senate impeachment,” he said.
Carpio has filed criminal complaints against the Bangko Sentral ng Pilipinas, the Anti-Money Laundering Council (AMLC) and four members of the House Justice Committee for alleged violations of bank secrecy and data privacy laws.
Ultimately, Carpio’s camp insists that their complaint is rooted in affirming his constitutional right to privacy. “You have to balance also the accountability of public officers in relation to the bill of rights,” Abayon said. – With an additional report from EJ Macababbad