AS the clock ticks down to the first impeachment trial of a sitting vice president, both the prosecution and the defense said they are ready to make their case in the impeachment trial of Vice President Sara Duterte.

Duterte will be tried on four articles of impeachment: betrayal of public trust, culpable violation of the Constitution, graft and corruption, and other high crimes.

She is accused of misusing P612.5 million in confidential funds during her tenure as vice president and education secretary, amassing billions of pesos in unexplained wealth, bribing Department of Education personnel, and making public threats against President Ferdinand Marcos Jr., first lady Liza Araneta-Marcos, and former speaker Martin Romualdez.

If she is convicted, Duterte will be stripped of her position and barred from ever holding public office again.

The trial begins on Monday, July 6, at 2 p.m., with Senate President Sherwin Gatchalian presiding over the trial and the other senators sitting as judges.

From July 6 to 22, the trial will be scheduled on Mondays to Wednesdays at 2 p.m. After the State of the Nation Address, trial days shift from Tuesdays to Thursdays at the same time.

In separate interviews with The Manila Times over the weekend, prosecution spokesman and adviser Robert Ace Barbers and defense spokesman Michael Wesley Poa said that their teams have been preparing for the trial and their arguments are now ready to be presented to the public.

“Yes, we are absolutely ready. We have been preparing since the House Committee on Justice's clarificatory hearings began, because the preparations for those hearings covered the same issues that are now being taken up and have been included in the articles of impeachment,” Barbers said.

While he cannot speculate on which one of the four articles of impeachment against Duterte is the "strongest," he said that the public should hear first the evidence and the counter-evidence objectively, including the witnesses.

Meanwhile, Poa said there are no more major adjustments on the part of the defense team with just a few days before the trial.

"Right now, we're really just looking forward to July 6. We're simply complying with the requirements regarding who will appear on Monday and who will take the lead on the floor. That's what we're focused on at the moment. But as far as the legal theory and the legal preparations are concerned, I think we're all set," Poa said.

He added that they are amenable to the stipulations set by the pre-trial order issued by the impeachment court.

Poa called on the public to be patient during the trial, noting that the prosecution will be the first to present its case, followed by the defense.

"Although they will hear snippets of our case during the cross-examination, we ask for their patience and for them to wait until it is our turn to present our allegations. Basically, and without touching on the merits of the case, what we want to show is that the allegations have no factual basis," Poa said.

Prosecution eyes orderly, fair trial

Barbers said that the prosecution has pushed for the opening of the sealed box from the Bureau of Internal Revenue (BIR), describing it as "key evidence" in one of the articles of impeachment concerning Duterte's alleged unexplained wealth.

"Since this is the evidence, the people must see and hear it. That is why the prosecution panel is standing firm on having it opened during an open session," Barbers said, adding that it would still be up to the impeachment court to decide whether the sealed box would be opened.

He also said it would be better if "Mary Grace Piattos," one of the alleged recipients of the Department of Education's confidential funds, appears during the trial.

Piattos — believed to be a fictitious name — is among the prosecution's listed witnesses.

Barbers said the prosecution continues to hold meetings even with only a few days remaining before the start of the trial.

Asked whether the prosecution could raise the issue of the voting threshold should several senators be absent or arrested, Barbers said the prosecution should not be "drawn into speculation" over the number of votes needed for conviction.

"What we should focus on is what the Constitution says and what the impeachment court rules provide. They are the ones who will determine and apply the rules, the required number of votes, and what should be considered during the proceedings," Barbers said.

He added that the senator-judges must evaluate the evidence objectively and fairly and render a judgment consistent with their oath.

If Duterte is convicted on any of the four articles of impeachment, she will be removed from office and permanently disqualified from holding any government position.

Barbers said the Constitution provides for this penalty because an impeached official found guilty does not deserve to remain in government "even a second longer."

He also said the proposal to make the impeachment trial more accessible to Filipinos by using both English and Filipino, as well as hiring regional interpreters, is intended to encourage greater public participation. He noted that Filipinos, as taxpayers, have the right to be informed about the impeachment proceedings.

Barbers declined to speculate on any possible strategy by the prosecution to speed up the trial, despite estimates that the proceedings could last at least 90 trial days.

The former Surigao del Norte representative said he hopes the impeachment trial will be conducted in an orderly and fair manner.

"This impeachment trial is not about Vice President Sara or any individual. It goes beyond that. It is about strengthening our democratic institutions. It is about making sure that the accountability mechanisms provided for in the Constitution actually work," Barbers said.

Defense ready for prolonged litigation

On the defense side, Poa said the legal team, led by lawyer Shiela Sison, is fully prepared for a lengthy impeachment trial,

"Although all of us want this to be over so we can finally present our case and move on from this impeachment issue, we will do our best to defend our client and protect her rights. Even if the trial lasts seven to eight months — or even longer — the defense is definitely ready," Poa said.

Poa said the defense has no objection to opening the sealed BIR box, provided that doing so does not violate provisions of the National Internal Revenue Code.

He added that opening the box should also not be construed as a waiver of the defense's objections regarding how the prosecution obtained the documents.

He also stressed that the rights of private individuals whose information may be contained in the documents — but who are not parties to the impeachment case — should not be prejudiced.

Poa described the defense's working relationship with the prosecution as professional, despite claims that the prosecution had been "swallowed whole" by the defense during the pre-trial proceedings.

"To be fair to the prosecution, I think both parties came prepared. We knew what we wanted to accomplish during the pre-trial, and we worked together to finish it on time. The defense had certain requests, and the prosecution agreed to them. They were patient with us, and we were patient with them. So I don't think there were any problems," Poa said.

He also dismissed allegations that the defense merely copied the prosecution's witness list, noting that it is common in legal proceedings for both sides to identify some of the same potential witnesses.

At the same time, Poa said the defense will also present witnesses unique to its case.

Poa also said he is willing to testify if called as a witness by the prosecution, provided the questioning does not violate attorney-client privilege.

"If they ask me about matters that fall within my duties and responsibilities when I served as Undersecretary and Chief of Staff of the Department of Education, I don't see any issue with that," Poa said.

He added that it is entirely within the prosecution's prerogative to call "Mary Grace Piattos" to testify, emphasizing that the defense is prepared to cross-examine her if she takes the witness stand.

Duterte, meanwhile, remains in constant communication with her legal team. Poa said she is in "good spirits," is regularly briefed on the defense's legal strategy, and continues to focus on her official duties.

Asked whether Duterte would appear before the Senate during the trial, Poa said her physical attendance would depend on how the proceedings unfold and on the advice of her lawyers.

"That is also part of our legal strategy, which we won't disclose. It will be up to us to determine what would be the most advantageous course of action," Poa said.

First witnesses

Meanwhile, the House Prosecution team has announced its first set of witnesses for the first week of the impeachment trial, which will tackle the grave threat article.

Under that article, it was alleged that Duterte made a threat that she hired an assassin to kill Ferdinand Marcos Jr., first lady Liza Marcos, and former speaker Martin Romualdez if she gets killed.

In its manifestation filed on July 3, the prosecution said that it would present during the week of July 6-8 National Bureau of Investigation Regional Director Jeremy Lotoc, senior agent John Mark Calilung, and House Office of Sergeant-at-Arms Legislative Security Bureau Executive Director Belinda Bello.

The submission is in compliance with the pre-trial order issued on June 29, which mandates the prosecution to furnish both the impeachment court and the respondent with the list of witnesses three days before the scheduled presentation.

Palace to VP: Show up

Malacañang on Friday (Saturday in Manila) said that Duterte should show up in her impeachment trial to clear her name, stressing that due process includes facing allegations in the proper forum.

In a press conference here, Palace Press Officer Claire Castro said the impeachment trial would demonstrate Duterte's ability to respond to allegations and face witnesses should she attend the trial in person.

"And regarding the lawyers — if they know their client is innocent and has done nothing wrong — it would be better to demonstrate to our fellow citizens and the entire world that the vice president is innocent," Castro said.

"If that’s what they want to show, then it would be better for her to be there," she added.

The Palace official said that personally facing one’s accusers is a right afforded to respondents and defendants.

"She herself previously said that she wanted a ‘bloodbath.’ This is where the vice president can demonstrate her ability to answer the questions being raised against her," Castro said.

Green box fate

Meanwhile, Sen. Panfilo Lacson said the Senate should return the “BIR Green box” containing the tax records of the vice president and her husband to the House prosecution panel, as it is neither the court’s duty nor legal authority to keep or open the sealed evidence.

Speaking in a radio interview over dzMM, Lacson said members of the Senate majority agreed during a caucus on Friday that the sealed box should be returned to the House prosecutors because the impeachment court has no legal basis to retain it before it is formally offered and admitted as evidence during trial.

"One of the things we agreed upon in Friday's senators' caucus was to return the box because keeping it in our custody would violate the law. It is not the Impeachment Court or any court's role to unseal it," Lacson said in a mix of English and Filipino.

He said Sen. Francis Escudero was correct in saying that the impeachment court has no responsibility to keep safe evidence that has not yet been formally presented during the proceedings.