Manila: The Senate impeachment court may call Col. Raymund Dante Lachica and Col. Dennis Nolasco as its witnesses if senator-judges find their testimony necessary before deciding on Vice President Sara Z. Duterte's impeachment case, presiding officer Senator Francis Escudero stated Monday. Escudero raised the possibility after Senator-judge Erwin Tulfo pressed prosecutors on whether the two former security officers would still appear before the court despite the prosecution's decision to drop them from its witness list.
According to Philippines News Agency, House of Representatives lead prosecutor Batangas 2nd District Rep. Gerville Luistro confirmed that the panel no longer intends to present Lachica and Nolasco, stating that the evidence already introduced was sufficient to support its allegations of misuse and misappropriation of confidential funds. The prosecution had earlier identified Lachica and Nolasco as former security officers who were involved in testimony concerning the handling of confidential funds of the Office of the Vice President (OVP) and Department of Education (DepEd).
Escudero mentioned that while the prosecution has the prerogative to determine its witnesses, this does not prevent senator-judges from later deciding that the two should be heard. "Nothing prevents the court from calling a witness, not only as amicus curiae, but also as a witness, or even recalling a witness for that matter, should the court decide at the proper time to do so," Escudero said. He added that the court would first allow the prosecution and defense to complete their respective presentation of evidence. "When we feel that there is a need, then we can discuss it and put it to a vote, if necessary," he added.
Senator-judge Tulfo emphasized that senator-judges should be able to directly question Lachica and Nolasco given their repeated mention in testimony on the handling of the questioned confidential funds. Escudero clarified that such a move would not necessarily occur before prosecutors shift to the unexplained wealth and bribery portions of their case. Instead, the court could summon them after both sides finish presenting evidence and before senator-judges arrive at a decision, if their testimony is deemed necessary to resolve a particular article of impeachment.
If summoned by the court, Escudero stated that Lachica and Nolasco would not become witnesses of either the prosecution or defense. "He will only answer to the queries of senator-judges because he's a witness called by the court and not by the parties," he explained. Lachica previously headed the Vice Presidential Security and Protection Group, while Nolasco served as its deputy commander. Both have been linked in previous testimony to the handling of Duterte's confidential funds.