Impeachment Evidence Must Follow Due Process Before Public Release

July 6, 2026

Senator-Judge Alan Peter Cayetano stressed that transparency in the impeachment trial must be balanced with due process, particularly for evidence that has yet to be formally offered and admitted by the court. He sought clarification on whether documentary evidence, including potentially disputed materials, would be made public before the court rules on its admissibility.

Transcript

PRESIDING SENATOR-JUDGE ESCUDERO:

(0:00:00) Senator Judge Cayetano, Alan?

SENATOR-JUDGE ALAN PETER CAYETANO:

(0:00:05) Presiding Senator-Judge. Just a clarification. So no problem with complete transparency with any public records. But when we talk about evidence, precisely that’s why we want a fair trial due process. There’s a process wherein the prosecution shall present evidence, then they will offer it. And then if there’s a question as to the relevance or if it is prohibited, for example, if a evidence presented is a fruit of the poisonous tree, will we upload that? We haven’t decided yet here whether we will accept it as evidence or not.

(0:00:53) So let me tell you first which ones personally I don’t have a problem with. Don’t have a problem with the public records in general being completely transparent. I have no problem with Senator-Judges given time to review everything and I assume we’re all trained to consider only the evidence that is later on admitted, offered and admitted. So my problem is that, for example, if someone offers now, between now and the trial wiretapped recordings, do we upload that?

(0:01:34) When we have not made a ruling yet on that. So I just want to be clarified on that.

PRESIDING SENATOR-JUDGE ESCUDERO:

(0:01:38) The chair will clarify. As the chair said earlier, only the pleadings, motions, and memoranda filed by the parties, and in so far as the exhibits marked are concerned, only those attached as annexes to either the articles of impeachment and or the answer to the impeachment complaint. In so far as documentary evidence is concerned, it will only be admitted and if at all admitted by the court and published once formal offer has been made.

(0:02:08) Until such time, we will not publish any documentary evidence even after being identified by a witness because it is the formal offer that will determine its admission by the court after the party rests.

SENATOR-JUDGE ALAN PETER CAYETANO:

(0:02:22) Just to clarify, same with if we do issue a subpoena duces tecum…

PRESIDING SENATOR-JUDGE ESCUDERO:

(0:02:32) The subject matter of the subpoena will not be published, but the motion for the issuance of a subpoena will…

SENATOR-JUDGE ALAN PETER CAYETANO:

(0:02:37) Thank you for that clarification.

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