Impeach court allows surprise witnesses

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Daphne Galvez - The Philippine Star

June 23, 2026 | 12:00am

MANILA, Philippines — The presentation of surprise witnesses is still possible during the impeachment trial of Vice President Sara Duterte, even if the prosecution and the defense have already submitted their respective lists of witnesses and evidence.

This was according to Senate Secretary Renato Bantug, the designated clerk of court in the impeachment trial, who said both the prosecution and the defense “have the right to make reservations as to witnesses that may not be available yet during pre-trial.”

However, the party making such adjustment should inform the other of the identities of the new witness or witnesses at least three days before their scheduled appearance, he pointed out.

“That’s allowed in the rules of court and that’s allowed here in the impeachment,” he told reporters. A summary of witnesses was among those submitted by the parties in their pre-trial briefs.

The impeachment court has so far completed the marking of documentary evidence for two of four Articles of Impeachment: Articles III and IV, which cover allegations of bribery in the Department of Education (DepEd) and the threats to the life of President Marcos, First Lady Liza Araneta-Marcos and former speaker Martin Romualdez.

The pre-trial conference was expected to be over yesterday, but with the “sheer volume of documents” still needing to be examined and marked, Bantug said it may have to continue today.

Upon completion of the pre-trial conference, Bantug said they would review the transcripts and the markings of documentary evidence before drafting a pre-trial order for submission to the impeachment court. He said he is planning to submit the pre-trial order by June 25.

Based on the guidelines for the conduct of the pre-trial conference, the pre-trial order “shall bind the parties, limit the trial to matters not disposed of and control the subsequent course of the proceedings.”

“No deviation therefrom shall be permitted without leave of the impeachment court,” it said.

The trial proper is set on July 6.

Heightened alert

The Senate remains on “heightened alert,” meanwhile, according to Senate Sergeant-at-Arms Alfred Corpuz, following consultation with security agencies, law enforcement agencies as well as with the Armed Forces of the Philippines.

Corpuz, however, clarified that such status is not dependent on the Senate’s situation alone but on the “whole environment” in Metro Manila.

National police chief Gen. Jose Melencio Nartatez Jr. confirmed the Senate’s request but clarified there is no identified or validated threat to the chamber.

“The request is part of normal preventive measures to ensure the safe and orderly conduct of government functions,” he said in a statement.

Prosecution spokesman Jay Tolosa Jr. said the defense panel had tried – unsuccessfully – to have the issue on the voting threshold resolved before the start of the pre-trial briefing, apparently to delay the overall impeachment proceedings.

“That was quickly shut down (by the prosecution) by pointing out that it’s not a matter that could be decided by the clerk of court and it should not be used to delay the pre-trial conference,” Tolosa said at a press briefing.

The constitutional threshold to convict an impeached official is a two-thirds vote of all Senate members or 16 out of the 24 members of the chamber.

However, with Sen. Jinggoy Estrada under preventive suspension and Sen. Ronald dela Rosa in hiding, questions have been raised regarding the voting threshold.

Grave threats first

House prosecution panel spokesman Rep. Zia Alonto Adiong said they have decided to present first during trial Article IV, which covers grave threats on President Marcos and his family.

This would be followed by Article I on confidential funds, Article III (bribery) and lastly Article II on unexplained wealth.

Adiong said the prosecution chose to present Article IV first as the evidence is “easier for the public to understand.”

Defense spokesman Michael Poa confirmed the Vice President’s team wants the Senate impeachment court to rule on its affirmative defenses – including an outright move to dismiss the case – before the start of the trial proper. He also said the defense has no objection to the sequence of presentation of the articles, but said it should have been informed beforehand. — Delon Porcalla, Emmanuel Tupas, Neil Jayson Servallos

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