Impeachment court defers Trillanes subpoena, wants bank records first

ILOILO CITY — The Senate impeachment court in the trial of Vice President Sara Duterte on Tuesday, Sept. 29, declined for now to issue a subpoena for former Sen. Antonio Trillanes IV, saying the prosecution had yet to present the bank records underpinning his proposed testimony.

The prosecution had proposed that Trillanes appear as an additional witness after the testimony of the vice president’s brother, Davao City Mayor Sebastian Duterte.

Trillanes, who sat among the House prosecutors during the session, is a witness on Article II of the articles of impeachment, which covers Duterte’s alleged unexplained wealth.

During discussions on the witness sequence, the defense raised concerns over the prosecution’s change in the order of presentation.

Defense lead counsel Sheila Sison said it was the second time that week the prosecution had changed its witness order, adding that Trillanes was not among the three witnesses disclosed the day before.

The court said the problem with issuing the subpoena immediately was that the prosecution’s own motion indicated Trillanes would testify on information relating to funds and bank accounts.

“No such bank accounts as of yet have been presented by the prosecution,” the court’s presiding officer, Sen. Francis Escudero, said.

The court said the prosecution’s own motion contemplated presenting Trillanes after the Anti-Money Laundering Council (AMLC) witness and the bank officials or bank records.

The prosecution acknowledged that sequence but said Trillanes would testify on matters beyond the bank accounts.

The defense later withdrew its objection to Trillanes’ possible appearance on Wednesday, Sept. 30, but maintained its concern over what it described as the late change in the order of witnesses.

The court nevertheless ruled that it would not issue the subpoena at that time.

“Nothing prevents the prosecution from calling him as a witness voluntarily,” Escudero said.

The court advised prosecutors to first present the AMLC officer and the bank officials or bank records cited in the motion for the subpoena.

The court said this would keep the witness presentation aligned with the evidence Trillanes was expected to address.

The court also took judicial notice that Trillanes had made statements during congressional hearings concerning funds and amounts allegedly attributed to Duterte.

The court said two Register of Deeds witnesses remained scheduled to appear, while the prosecution could still invite Trillanes to testify voluntarily in the proper order.

The prosecution’s other listed witnesses are AMLC Executive Director Ronel Buenaventura, Kathy Florence Baldonado of the Davao City Register of Deeds, and Marco Pineda of the Register of Deeds in Samal.

“[T]he court cannot prevent you from calling a witness in the proper order that you may deem fit in the course of the presentation of your evidence,” Escudero said.

The court’s ruling followed the prosecution’s earlier notice that Trillanes had been submitted as an additional witness.

The court also said the prosecution could revisit the subpoena issue after the relevant bank records and witnesses had been presented.

In a Facebook post on Monday, Sept. 28, Trillanes said, “I am willing and ready to testify [in the] Impeachment [trial] so we can finally know things.”

Trial context

Tuesday’s session marked Day 31 of the trial, which opened on July 6.

Duterte faces four articles of impeachment involving the alleged misuse of confidential funds, unexplained wealth, bribery of Department of Education officials, and grave threats against President Ferdinand Marcos Jr. and his family.

She is the first Philippine official to be impeached twice by the House of Representatives.

In the same session, Escudero ruled that Duterte did not have to answer the prosecution’s 104-item request for admission on her and her husband’s bank and tax records, citing her right against self-incrimination.