No Surprise Witnesses: Prosecution Backs 3-Day Disclosure Rule in VP Duterte Impeachment Trial

The House prosecution panel has formally agreed to a reciprocal three-day witness disclosure rule, effectively banning “surprise witnesses” in the upcoming impeachment trial of Vice President Sara Duterte.

The decision was reached during the continuation of the pre-trial conference before the Senate Impeachment Court. Representative Leila de Lima, a member of the House prosecution panel, clarified that the three-day notification requirement was an explicit request from the defense team, rather than a proposal from the prosecution.

Mitigating Procedural Disputes

According to De Lima, the prosecution panel chose to accept the reciprocal measure to streamline the pre-trial phase, eliminate potential procedural roadblocks, and avoid unnecessary delays ahead of the formal trial. Under the newly accepted rule, both the prosecution and the defense must notify the opposing side at least three days before any scheduled witness takes the witness stand.

"At least three days before a presentation of a particular witness, ay ma-notify the other party."(At least three days before a presentation of a particular witness, [the rule dictates to] notify the other party,) De Lima told reporters during a press briefing. "Gusto ko pong linawin na itong requirement na ito, itong proposal na ito, ay actually hiling po 'yan ng defense. Hindi po 'yan hiling ng prosecution,"(I want to clarify that this requirement, this proposal, was actually requested by the defense. It was not a request of the prosecution.)

Race to the July 6 Trial Date

The compromise comes as both legal teams race against a tight schedule to finalize the marking of evidence. Lead impeachment prosecutor and Batangas Representative Gerville Luistro confirmed that while they maintain reserve witnesses, their specific identities will remain confidential until the mandatory three-day disclosure window is triggered during the trial.

The prosecution panel has reportedly marked more than half of its voluminous documentary evidence. They remain firm that the historic impeachment trial will begin on schedule on July 6, 2026.

Related Coverage & Background

Language Manifestation Filed: Alongside the disclosure rule, the prosecution panel filed a manifestation requesting the alternate use of English and Filipino during the trial. De Lima noted this ensures the public can easily comprehend the proceedings.

Voluminous Evidence: The bulk of the currently marked documents pertains to Article I of the impeachment complaint, which focuses on the alleged misuse of ₱612.5 million in confidential funds by the Office of the Vice President and the Department of Education.

The 11-Member Panel: The House of Representatives elected a formidable 11-member prosecution team, featuring prominent figures such as Rep. Leila de Lima, Rep. Chel Diokno, and Lead Prosecutor Rep. Gerville Luistro.