'We are ready, your honor': Luistro presents 11 prosecutors, 15 private lawyers — ANC

[0:00] that will guide the conduct of this trial and the rulings of the Chair. [0:05] First, what is the number of votes needed to convict the respondent? [0:11] Second, what is the quantum of proof required to sustain a judgment of conviction or acquittal in these proceedings? [0:18] Third, how strictly or liberally will this Court apply the rules in resolving questions of procedure and evidence? [0:25] On the first issue, the Constitution provides that no person shall be convicted without the concurrence of two-thirds of all the members of the Senate. [0:38] With 24 members of the Senate, a literal interpretation of this means that conviction requires the affirmative vote of at least 16 senator judges. [0:49] This literal interpretation finds direct support in the 2000 case of Bayan v. Zamora, [0:54] which concerned the Senate's compliance with the two-thirds vote required to concur in a treaty. [1:00] Despite having only 23 incumbent senators at that time, then-Senator Gloria Macapagal Arroyo was elected as vice president. [1:10] Therefore, there were only 23 senators. [1:13] The Court held the Charter provides that the Senate shall be composed of 24 senators. [1:18] Without a tinge of doubt, two-thirds of the figure or not less than 16 members is an unquestionable compliance with the requisite number of votes mentioned in Section 21 of Article 7. [1:31] It behooves therefore all of us to observe the same fidelity with the Constitution in this trial, [1:38] which affects not only the mere ratification of a treaty, but more so affects the substantial rights of the respondent, [1:45] as well as the sovereign will of the people as expressed in the overwhelming mandate given to her. [1:52] This is the prevailing law today. [1:55] Whether we agree with it or not, we must abide by it. [1:58] However, those who disagree are not without recourse because they is without prejudice to the right of any party who holds a different view to seek judicial relief. [2:10] And should the Supreme Court, who possesses the sole authority to interpret the Constitution by virtue of its power of judicial review, [2:18] render a different ruling on this question other than what the Chair has stated, [2:24] this Court and this representation shall faithfully abide by that ruling of the Supreme Court. [2:29] On the question of quantum of proof, given that impeachment is a sui generis constitutional proceedings, [2:36] the standards of proof that govern administrative, civil, and criminal proceedings do not apply. [2:42] However, this does not mean that Senator Judges shall rely solely on their conscience in deciding this case. [2:49] No less than the Supreme Court also said that, [2:52] Decisions regarding whether to acquit or convict must be based upon clear charges supported by sufficiently clear and convincing evidence. [3:03] Furthermore, let me be clear that the burden of proof in these proceedings rests upon the prosecution. [3:11] It does not and will not shift. [3:13] The respondent is afforded the presumption of innocence and has no obligation to disprove the charges against her. [3:22] Finally, we turn to the application of the Rules of Court in these proceedings. [3:26] Rule 1, Section 6 of the Rules of Courts provide that the rules shall be liberally construed in order to promote [3:31] their objective of securing a just, speedy, and inexpensive disposition of every action and proceeding. [3:37] We are also guided by the Supreme Court's bench book for trial judges, which reflects a long-standing principle of adjudication. [3:45] In case of honest doubt about the admissibility of evidence, it is a better policy to rule in favor of admission [3:52] and let the Senator Judges decide whether to give it little or no weight when deciding upon the case in the final outcome. [4:01] But let me be clear, a liberal construction of the rules is not a license to ambush the opposing party, bypass due process, [4:09] or introduce unverified evidence that would prejudice the fair and orderly conduct of this trial. [4:15] Accordingly, consistent with the demands of due process, fair play, and the orderly administration of justice, [4:21] the Chair will construe the rules liberally so that, number one, the prosecutors may be able to adequately present their case, [4:29] that the respondent may be able to rigorously test it, [4:32] number three, that the Senator Judges may be able to weigh the evidence for themselves, [4:39] and fourth, so that the Filipino people may hear the whole and impartial truth regarding the allegations against the Vice President. [4:47] Let us remember what our oaths requires us, to do impartial justice according to the Constitution and the laws. [4:53] Hindi po tayo nandito upang itaguyo ng anumang pampolitikal na adyenda. [4:57] Hindi tayo narito upang paglingkuran ng kagustuhan ng alinmang panig. [5:00] Narito tayo upang alamin ang katotohanan at sa pamamagitan nito, [5:04] mapairal ang ustisyang walang kinikilingan. [5:08] Ang tungkulin natin bilang mga hukom ay hindi maaaring talikuran. [5:12] Sa gitna nito, batid ko ang mga problema ang kinakaharap ng ating bayan [5:15] na patuloy natin dapat pa rin pagtuunan ng buong pansin at hanapan ng solusyon. [5:20] Tayo ay mga senador bago tayo umupo bilang mga hukom. [5:24] At mananatili tayong mga senador na patuloy na magsusumikap na tugunan [5:29] ang mga pangailangan ng ating mga kababayan bilang senado at hindi mababago ito. [5:35] Kaya't aking hiling at dalangin na huwag sana malunod ang diwa ng pagkakaisang nagpigis sa atin [5:40] ganumang katindi ang mga debate at pagtatalo sa hukomang ito. [5:45] Dahil anuman na magiging kalabasan ng paglilitis na ito, [5:48] laging kinakailangan ang senado ang nagkakaisa. [5:51] Dalangin ko po na sana pagkalubad tayo ng katatagan, karunungan, [5:56] pagpapakumbaba at pagunawa upang magampan na nating lahat [6:01] ang ating tungkulin bilang mga hukom. [6:04] Pagpalayan na po lahat, lahat sana tayo ng poong may kapal. [6:07] Maraming salamat at magandang hapon po. [6:20] Sir Presiding Officer. [6:21] Before we continue, Chair would like to make a record [6:23] that Senator Joel Villanueva will insert his explanation of vote into the records. [6:30] If there are no objections, [6:32] Chair dispenses with the reading of the minutes of the Journal of the May 18 Proceedings 2026 [6:38] and consider the same as approved. [6:42] On the motion? [6:45] There being no objection, Journal is hereby approved. [6:48] Senator Keitana? [6:49] Mr. President, let me thank you and just make the manifestation [6:52] that this representation believes that it is a threshold issue, [6:57] the number of senators to convict, [6:59] and two-thirds, the logical, fair, [7:02] that would give justice to the Constitution 16. [7:06] So I thank you for that statement. [7:07] And as you mentioned, it is a statement of the court, [7:11] not only of the presiding justice, [7:14] because it is so important that at the beginning of the prosecution, [7:19] and it is so important that the prosecution knows, [7:21] and it knows how many of the depents. [7:21] Having said that, Mr. President, [7:23] as to the issue of the presiding officer, [7:26] not to take up more time, [7:28] I'd like to register a continuing objection, [7:31] but instead of giving my arguments, [7:34] may I submit it in writing. [7:36] Basically, saying that a violation of the Constitution [7:39] is not a technicality. [7:41] But if our dear colleagues would allow, [7:43] we will just submit it in writing, Mr. President. [7:45] Whoever wants to join me. [7:46] The continuing objection of the gentleman is noted, [7:48] and he may so submit his extended written explanation [7:53] in writing for the record. [7:56] Senator Keitano? [7:57] Thank you, Mr. President. [7:58] Just a few administrative matters with your indulgence, dear colleagues. [8:01] The lady may proceed. [8:02] Thank you. [8:03] I read that we have rules for our resource panel [8:08] and also our prosecution and defense [8:10] that no drinks and food allowed. [8:12] May I respectfully request that they be allowed to have water. [8:15] It's a basic human right, [8:17] naman siguro na makainom ng tubig. [8:20] I read something. [8:21] I'm just saying, I saw it in the rules. [8:22] I'm making clear because knowing them, [8:25] they will follow our rules, [8:26] and I think it's not right to not allow drinks. [8:29] And then, there may be some who are pre-diabetic or diabetic [8:32] and need to eat something. [8:33] So, if they have to have crackers [8:35] or whatever it is that they need to have, [8:38] I think we should allow them to do that, Mr. President. [8:40] Sama-sama ko na yung rules ko, ha. [8:42] And then, they should also be allowed to have a bathroom break. [8:45] I don't want them to also, [8:46] may ibang klaseng sakit naman yung hindi nakapunta sa banyo, [8:49] so maybe they'd automatically be allowed. [8:51] I think they're responsible enough to, [8:53] they're a whole team. [8:53] There's like a dozen of them here. [8:55] And then, finally, smoking is sitting, is the new smoking. [8:59] May we also allow them, [9:00] without them having to ask for permission, [9:01] to stand up, stand in the back, [9:03] and to stretch their legs [9:04] because it is not healthy to be sitting down for two, three, four hours, [9:08] and I think our hearings will go on for a long time. [9:10] So, that's my humble submission [9:11] for the health and wellness of our prosecution and defense panel. [9:16] Thank you, Mr. President. [9:17] Noted, and we will discuss the matter with the parties. [9:20] Senator Bangalina. [9:21] Yes, Mr. President, if I may be likewise allowed [9:27] to submit a written explanation of my vote, [9:30] particularly on the matter of referring to the Constitutional Commission [9:34] when the debates of the Constitutional Commission, Mr. President, [9:39] where I believe there is a contrary opinion, [9:42] which the Supreme Court, in fact, ruled in previous rulings, [9:49] Chavez, the Chavez case, Mr. President. [9:51] For the record. [9:52] Noted, the gentleman may do so. [9:54] If there are no other matters, [9:58] we now proceed to trial. [9:59] The Clerk of Court will please call the case before this impeachment court. [10:05] Case number 004-2026. [10:09] In the matter of impeachment trial of Vice President Sarah Zimmerman Duterte. [10:14] Appearances for the prosecution. [10:23] Good afternoon, Your Honors. [10:26] We are 11 House prosecutors and 15 private prosecutors. [10:30] I am Representative Jervil Jinkie Petrix-Louistro, [10:35] appearing for the prosecution. [10:37] We are ready, Your Honor. [10:39] May we get the names of the other panel of prosecutors, [10:42] as well as the counsel for prosecutors, one by one, for the record. [10:47] Good afternoon, if you're honest, please. [10:54] We have already submitted the names of the public and private prosecutors who have formally entered their appearance. [11:01] Ako po si Representative Jose Manuel Ay-Diocno. [11:05] Magalang pong humaharap sa Senate impeachment court. [11:08] Ready po. [11:13] Good afternoon, Your Honors. [11:14] I am Representative Laila Delima from the Mamamayang Liberal or ML Party List, [11:19] respectfully appearing as public prosecutor. [11:22] We're ready. [11:28] Good afternoon, Your Honor. [11:29] I am Congressman Joel Chua, [11:32] respectfully appearing for the public prosecutor, [11:36] representing the 3rd District of Manila. [11:43] Good afternoon, Your Honors. [11:45] I am Arlene Kakabagaw from Dinagat Islands, [11:49] representing the public prosecutor, Your Honor. [11:52] Good afternoon, Your Honors. [11:57] I am Representative Lawrence Rivera Defensor from the 3rd District of Iloilo, [12:01] respectfully appearing as public prosecutor. [12:03] Good afternoon, Your Honors. [12:09] Representative Jonathan Keith Flores of the 2nd District of Bukid Don as public prosecutor. [12:13] Good afternoon, Your Honors. [12:18] Representative Isabel Maria Jorge Zamora from the Lone District of San Juan City as public prosecutor. [12:27] Good afternoon, Representative Terry Don of Bicol Saro Party List. [12:30] We are ready, Your Honor. [12:31] Good afternoon, Your Honors. [12:35] Representative Ramon Rodrigo L. Gutierrez, upon read the party list, [12:38] respectfully entering appearance for the public prosecution. [12:45] Good afternoon, Your Honors. [12:46] Representative Lord Ansuwan of the 1st District of Cagayan de Oro City, [12:50] respectfully appearing for the prosecution. [12:53] For the record and for the information of our prosecutors, [12:58] the term used in our rules for the public prosecutors, as you so mentioned, [13:04] should be panel of prosecutors of the House of Representatives. [13:08] And insofar as I've been hearing the term private prosecutors, [13:12] the private lawyers will be referred to as counsel for the prosecutors. [13:16] You may proceed. [13:18] Good afternoon, Your Honors. [13:24] I'm Attorney Lorna Pataho Kapunan, counsel for the prosecutors under the control and supervision [13:46] of the panel of prosecutors from the House. [13:51] Good afternoon, Your Honors. [14:33] I am May Sancho Divina Grascia, of the Coa and Divina Grascia Law Offices, [14:38] and I am respectfully entering my appearance as counsel for the prosecutors. [14:54] Your Honors, good afternoon. [14:56] I'm Attorney Lino Chris Pataho Kapunan, respectfully appearing as counsel for the prosecutors, [15:01] acting under the direct control and supervision of the panel of prosecutors of the House of Representatives. [15:05] Good afternoon, Your Honors, Attorney Sonia Castillo, private prosecutor under direct control and supervision of the public prosecutors. [15:25] We are ready, Your Honor. [15:26] Good afternoon, Your Honors, Attorney Dina Melisa Lorenzo Singyan, for counsel for the prosecutors. [15:47] We are ready, Your Honor. [16:01] Good afternoon, Your Honors. [16:02] I'm Attorney Marford Tifua, appearing as counsel for the panel of prosecutors. [16:08] Good afternoon. [16:09] We are ready, Your Honor. [16:10] Good afternoon, Your Honors. [16:24] I am Attorney Irwin G. Matib, respectfully appearing as counsel for the prosecutors. [16:28] We are ready. [16:38] Good afternoon, Your Honors. [16:39] I'm Attorney Justine Lamarca, respectfully entering my appearance as counsel for the prosecutors. [16:46] We are ready, Your Honor. [16:54] Good afternoon, Your Honors. [16:55] With respect, James Bryan Ibrahim Ali of PECA Barlow, formerly Ponce Henry Laregas and Manalastas, [17:03] appearing as counsel for the prosecutors. [17:06] We're ready to proceed today, Your Honor. [17:07] Good afternoon, Your Honors. [17:18] I'm Attorney Reynaldo Robles, of the law firm of Chan Robles & Associates, appearing as counsel for the prosecutors, [17:25] under the control and supervision of the public prosecutors. [17:29] Ready, Your Honor. [17:39] Good afternoon, Your Honors. [17:41] Bettina Nepomoceno Zamora, respectfully appearing as counsel for prosecutors. [17:46] We are ready. [17:54] May it please the court, Attorney Theodore Te, appearing as counsel, and under the control and supervision of the House panel of prosecutors. [18:00] Good afternoon, Your Honors. [18:10] Good afternoon, Your Honors. [18:10] Attorney Benjamin Siguataloza, Jr., respectfully appearing as counsel for the prosecutors, acting under the direct control and supervision of the prosecution. [18:20] The prosecution is ready, Your Honors. [18:26] No other entry of appearances? [18:30] That's it. [18:30] How many in all, Representative Luistro? [18:35] 11 on the part of the House, in so far as the panel of prosecutors is concerned, and? [18:42] We understand, Your Honor, that only 13 private prosecutors entered their appearance today. [18:47] Nevertheless, Your Honor, as manifested by the Honorable Jokno, the written entry of appearance has been filed already with the Honorable Impeachment Court. [18:56] Nevertheless, as they appear or will be participating in the trial, kindly inform them to enter their formal appearance during the trial. [19:07] Your Honor, the entire 15 private prosecutors have entered their written, have filed already their written entry of appearance with the Impeachment Court. [19:17] The articles of impeachment will be presented by four separate teams, Your Honor. [19:21] That explains why the House prosecutors, or the panel of prosecutors, are joined by 15 private prosecutors, Your Honor. [19:31] Noted. [19:31] Thank you, Ma'am. [19:33] Senator Cayetano, what is the pleasure of the lady from Taguig? [19:37] Yes, Mr. President, I just have a question for the prosecution panel. [19:41] I understand that there is no requirement for the members of the House who form part of the prosecution to be lawyers. [19:47] But may I know if they are all lawyers, and if some are not, may we know who are not lawyers. [19:53] Thank you. [19:54] Your Honor, all the 11 House prosecutors are members of the legal profession.