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Advocates Philippines
Prosecutors Push New Rules Ahead Of VP Sara Trial
Congress PH FILE
House prosecutors are seeking several additional measures they believe will make the impeachment trial of Vice President Sara Duterte more transparent and efficient, including the opening of a sealed Bureau of Internal Revenue (BIR) records box currently in the custody of the Senate impeachment court.
In a manifestation filed Wednesday, the prosecution panel proposed four new pre-trial rules ahead of the formal start of the impeachment proceedings on July 6. These include allowing the use of both Filipino and English during hearings, requiring advance disclosure of witnesses, permitting public and private prosecutors to jointly examine witnesses, and conducting an inventory of the contents of the sealed BIR records box.
The most significant proposal involves the BIR box, which was transmitted to the Senate as part of the impeachment records. Prosecutors emphasized that they are not asking the court to automatically admit any document found inside as evidence.
“The proposal is one of transparency and trial management, not admissibility,” the prosecution said in its filing.
Instead, the panel wants the Senate impeachment court to supervise the opening of the box, conduct an inventory of its contents, and allow the documents to be pre-marked before the trial begins.
According to the prosecution, both sides have identified BIR-related records among their reserved documentary evidence, making it necessary to determine what documents are actually contained in the package.
“Rather than interrupt trial proceedings later to determine what records are contained in the sealed package, it is more efficient to clarify these matters during pre-trial,” the filing stated.
House prosecutors argued that an early inventory would help prevent disputes during the trial and provide both parties equal access to information regarding the records. They stressed that any determination regarding the authenticity, relevance, or admissibility of the documents would still be left to the impeachment court once the records are formally offered as evidence.
Former Justice secretary and House prosecutor Leila de Lima said opening the box during the pre-trial stage would contribute to a faster and more orderly presentation of evidence.
“So since we are in the marking of exhibits, this is the proper stage na kailangan na rin siguro buksan ‘yan para magkaroon na ng inventory of the contents of that particular BIR box,” De Lima told reporters.
“So sa tingin namin, that would aid also in a more efficient and more expeditious conduct of trial kung mabuksan na rin ‘yan ngayon during this stage ng pre-trial,” she added.
De Lima noted that if the box remains sealed until the trial proper, valuable court time could be consumed simply by opening and identifying its contents.
The sealed BIR records became an issue earlier during the House Committee on Justice's deliberations on the impeachment complaints against Duterte. At the time, lawmakers opted to keep the package unopened after BIR officials warned that publicly examining tax records could violate taxpayer confidentiality provisions under the National Internal Revenue Code.
Aside from the BIR records, the prosecution also proposed allowing witnesses and lawyers to testify and argue in either Filipino or English to make the proceedings more understandable to ordinary Filipinos.
The panel likewise agreed to a defense proposal requiring both parties to disclose witnesses at least three days before they are scheduled to testify. Prosecutors said the arrangement would help prevent surprise testimony and eliminate possible grounds for postponement.
Another proposal seeks authority for both public and private prosecutors to participate in witness examinations. The prosecution argued that the impeachment case covers highly specialized subjects—including confidential funds, government auditing, banking records, and public finance—that may require different areas of expertise.
House prosecutors described the four proposals as practical measures intended to minimize procedural disputes and keep the focus of the proceedings on evidence and witness testimony.
Vice President Duterte was impeached by the House of Representatives in February after more than 200 lawmakers endorsed the complaint. The articles of impeachment include allegations of culpable violation of the Constitution, betrayal of public trust, misuse of confidential funds, graft and corruption, and unexplained wealth.
As pre-trial proceedings continue, the Senate impeachment court is expected to rule on the prosecution's proposals before the highly anticipated trial opens on July 6.
In a manifestation filed Wednesday, the prosecution panel proposed four new pre-trial rules ahead of the formal start of the impeachment proceedings on July 6. These include allowing the use of both Filipino and English during hearings, requiring advance disclosure of witnesses, permitting public and private prosecutors to jointly examine witnesses, and conducting an inventory of the contents of the sealed BIR records box.
The most significant proposal involves the BIR box, which was transmitted to the Senate as part of the impeachment records. Prosecutors emphasized that they are not asking the court to automatically admit any document found inside as evidence.
“The proposal is one of transparency and trial management, not admissibility,” the prosecution said in its filing.
Instead, the panel wants the Senate impeachment court to supervise the opening of the box, conduct an inventory of its contents, and allow the documents to be pre-marked before the trial begins.
According to the prosecution, both sides have identified BIR-related records among their reserved documentary evidence, making it necessary to determine what documents are actually contained in the package.
“Rather than interrupt trial proceedings later to determine what records are contained in the sealed package, it is more efficient to clarify these matters during pre-trial,” the filing stated.
House prosecutors argued that an early inventory would help prevent disputes during the trial and provide both parties equal access to information regarding the records. They stressed that any determination regarding the authenticity, relevance, or admissibility of the documents would still be left to the impeachment court once the records are formally offered as evidence.
Former Justice secretary and House prosecutor Leila de Lima said opening the box during the pre-trial stage would contribute to a faster and more orderly presentation of evidence.
“So since we are in the marking of exhibits, this is the proper stage na kailangan na rin siguro buksan ‘yan para magkaroon na ng inventory of the contents of that particular BIR box,” De Lima told reporters.
“So sa tingin namin, that would aid also in a more efficient and more expeditious conduct of trial kung mabuksan na rin ‘yan ngayon during this stage ng pre-trial,” she added.
De Lima noted that if the box remains sealed until the trial proper, valuable court time could be consumed simply by opening and identifying its contents.
The sealed BIR records became an issue earlier during the House Committee on Justice's deliberations on the impeachment complaints against Duterte. At the time, lawmakers opted to keep the package unopened after BIR officials warned that publicly examining tax records could violate taxpayer confidentiality provisions under the National Internal Revenue Code.
Aside from the BIR records, the prosecution also proposed allowing witnesses and lawyers to testify and argue in either Filipino or English to make the proceedings more understandable to ordinary Filipinos.
The panel likewise agreed to a defense proposal requiring both parties to disclose witnesses at least three days before they are scheduled to testify. Prosecutors said the arrangement would help prevent surprise testimony and eliminate possible grounds for postponement.
Another proposal seeks authority for both public and private prosecutors to participate in witness examinations. The prosecution argued that the impeachment case covers highly specialized subjects—including confidential funds, government auditing, banking records, and public finance—that may require different areas of expertise.
House prosecutors described the four proposals as practical measures intended to minimize procedural disputes and keep the focus of the proceedings on evidence and witness testimony.
Vice President Duterte was impeached by the House of Representatives in February after more than 200 lawmakers endorsed the complaint. The articles of impeachment include allegations of culpable violation of the Constitution, betrayal of public trust, misuse of confidential funds, graft and corruption, and unexplained wealth.
As pre-trial proceedings continue, the Senate impeachment court is expected to rule on the prosecution's proposals before the highly anticipated trial opens on July 6.
Jun 24, 2026
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