Senate impeachment court allows Tang testimony despite objection of defense

The Senate impeachment court on Monday allowed the House prosecution to present former Sandiganbayan presiding justice Amparo Cabotaje-Tang as a witness in the impeachment trial of Vice President Sara Duterte, despite objections from the defense.

The ruling came after defense lawyer Mark Vinluan argued that Tang’s testimony could improperly require her to make conclusions of law, which he said should be left to the senator-judges.

The prosecution, however, maintained that Tang’s expertise in public accountability laws would help explain legal concepts that may not be familiar even to lawyers and would therefore assist the impeachment court in understanding the allegations.

During Day 24 of the trial, House prosecutor and Akbayan party-list Rep. Chel Diokno said Tang would explain circumstances under which undisclosed or unexplained wealth, prohibited business interests and other financial transactions may amount to violations of public accountability laws.

“Our people have a right to know what the law provides when it comes to unexplained or illegally acquired wealth, SALN, beneficial ownership, financial interest, and other relevant legal terms. That is why we believe it is important not only for the court, but also for the people from whom the authority of this court emanates, to hear the testimony of Justice Amparo Tang,” he said.

Several senator-judges weighed in on the issue, with some expressing reservations about how Tang’s testimony should be treated.

Presiding officer Francis Escudero said the impeachment court did not need to make a prior determination on whether Cabotaje-Tang qualified as an expert witness.

“Although she may be qualified as an expert, subject to cross, whatever Justice Cabotaje-Tang will say is not binding on the courts, and her opinion is not conclusive upon the courts,” Escudero said.

Escudero also noted that the prosecution had stated in the pre-trial order that it intended to present 15 witnesses for Article 2 within 12 days.

“If they want to charge this witness against their 15 witnesses in 12 days, that is totally up to them to decide upon and to, in their discretion and strategy, present any witness they may so present. Besides, the subpoena has been issued,” he said.

He further clarified that while the impeachment court is required to take judicial notice of existing laws, this does not necessarily extend to determining how those laws apply to a particular case.

Escudero said the defense could also call its own witness to challenge or counter Tang’s testimony.

“So, the court will allow it. The comment of the counsel to respond is duly noted. And if you want counsel, you can make your continuing objection of record in regard to this witness but still subject to cross,” he added.