Chel Diokno: Evidence vs. Sara Duterte based on independent, verifiable facts

House prosecutor and Akbayan party-list Rep. Chel Diokno on Monday said the prosecution's evidence against Vice President Sara Duterte was based on independent and verifiable facts, rejecting claims that the allegations against her were fabricated.

Diokno made the statement when Senator Lito Lapid asked what the public should make of the extensive evidence presented by the prosecution, including Duterte's Statements of Assets, Liabilities and Net Worth (SALNs), bank transactions and deposits, insurance policies, business interests and income records involving her and her husband.

“Madali po kasi ang magpanggap ang isang official na simpleng tao lang siya, kumakain lang sa carinderia, malinis, wala naman na tinatago sa SALN. Pero pag titignan po sa isyu ng Article 2 on unexplained wealth, doon po tayo magkakaalaman,” Diokno said.

(It is easy for a public official to pretend to be an ordinary person who eats at carinderias, has nothing to hide and has a clean SALN. But when we examine Article II on unexplained wealth, that is when the truth will come out.)

Diokno stressed that the prosecution's case did not rely solely on witness testimonies but was also supported by financial documents obtained from independent sources.

“Because we are not just looking at the witnesses here. We are looking at the documents and numbers. Attorney Cabrera looked at bank records from the Anti-Money Laundering Council, Bureau of Internal Revenue, Securities and Exchange Commission," Diokno said.

"And the bank documents were submitted by the banks to the Senate court, not the prosecution. That is why we can say that these are independent facts verifiable by everybody,” he added.

He was referring to the testimony of lawyer and accountant Alex Cabrera, who conducted a forensic examination of the financial records of Duterte and her husband, lawyer Manases Carpio.

Cabrera concluded that based on a "conservative" assessment, the couple had at least P817 million in alleged unexplained wealth, with the amount potentially reaching P1.5 billion due to assets purportedly left undeclared in their joint SALNs.

Earlier on Monday, October 12, the 38th day of her impeachment trial, Duterte claimed during a press conference that the evidence against her had been fabricated and that the impeachment case was falling apart.

Meanwhile, House prosecutor and Manila Rep. Joel Chua challenged Duterte's defense team to seek the dismissal of the impeachment charges through a demurrer to evidence if it believed the prosecution had failed to establish its case.

“If they believe that our evidence is weak and we haven’t proven anything, then I challenge them to file demurrer to evidence. That is being done in a regular court. They can file that so this will be resolved earlier,” Chua said in an interview on Super Radyo dzBB.

A demurrer to evidence is a legal remedy through which an accused may seek the dismissal of a case after the prosecution rests, arguing that the evidence presented is insufficient to sustain a conviction.

Chua maintained that the prosecution's allegations were supported by Duterte's own declarations, including information she disclosed or allegedly failed to disclose in her SALNs.

“Our Constitution clearly states that the Vice President, President and Cabinet Secretaries are not allowed to have business interest, either directly or indirectly. But she declared business interests in her SALN [while she was] already the Vice President,” Chua said.

He was referring to GenCorp Foods Corporation, which Duterte listed among her business interests.

“Maliwanag na po yun na paglabag, not just an ordinary law, but the Constitution at that,” Chua added.

(That is clearly a violation, not just of an ordinary law but of the Constitution itself.)— MCG, GMA News

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