Diokno: Prosecution's job is the same amid threshold vote

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The House prosecution panel on Wednesday said that its target to secure the conviction of Vice President Sara Duterte remains just as tough regardless of the Senate impeachment court's vote that the threshold to convict depends on the senators who are qualified to vote.

“It never gets easier. Dati nabanggit ko na rin ito, 'yung trabaho ng prosecution and 'yung mismong pinakamalaking hamon sa amin ay magtayo ng bahay ng ebidensya. Mas, in a way, mas madali nga ang trabaho ng defense dahil ang nais lang nila ay sirain ang bahay,” Akbayan Representative and House prosecutor Chel Diokno said in a press conference.

(I have said this before, the prosecution’s job and biggest challenge is building a sturdy house of evidence. In a way, the defense’s job is easier because what they want is to destroy that house.)

“That challenge is the same with whatever numbers are needed [for conviction]. Kaya para sa amin, ‘yung ang focus namin ay talagang mag present ng pinakamaayos at pinaka-solid na evidence. Anuman ang pinal na numero, tuloy ang prosecution sa paglalatag ng mga ebidensya para sa pananagutan at hustisya,” Diokno added.

(That is why our focus is to present a compelling, solid evidence. No matter the threshold, we will soldier on in presenting evidence for accountability and justice.)

The Senate court also determined that the following will be disqualified from voting:

• detained and/or suspended or otherwise legally restrained from exercising the functions of a senator;
• persons sought by authorities whose whereabouts are unknown;
• those suffering from a physical or medical incapacity;
• those beyond the coercive processes of the Senate; and
• others similarly situated.

Asked if the prosecution is worried that the six Senator judges who did not vote on the threshold would also boycott the the voting on the final question whether to convict or acquit the Vice President, Diokno said it is up for the Senate impeachment court to decide and prosecution’s focus is to present airtight evidence against the Vice President.

“We expect that the process that is commanded by the Constitution will continue, at ipagpapatuloy po namin ang aming tungkulin din bilang mga prosecutor,” he said.

(We will proceed with our duties as a prosecutor.)

It was Diokno who argued for the prosecution’s position, saying that an acquittal cannot be secured by default. Heargued that the case must be decided based on evidence, not by the inclusion of Senators who are absent in the denominator in determining the two-thirds of all the members of the Senate.

“There's no substitute for being here in person. In fact, I believe that that would be fair to the respondent. that everyone would be present here and physically able to assess the evidence. Sa tingin ko po, as far as whether the question of participation of the judges is concerned, is really meant to safeguard the respondent,” Diokno said during the questioning of Senator judge Alan Peter Cayetano.

“And that is why we believe that it's important that all the members of the court who will decide and vote on this case should be able to hear and see the evidence right here, inside the courtroom,” Diokno added. — BM, GMA News