VP Duterte impeachment trial: Defense team says rule of law must apply to all, not just Sara
The Senate Impeachment Court officially commenced Vice President Sara Duterte's impeachment trial on Monday, July 6. In their opening statement, her defense team urged the senator-judges to look into the accountability of not just the VP but also the House prosecutors, alleging that the latter were not compliant with the Constitution in their impeachment proceedings.
Leading Duterte's 16-member legal defense team is Atty. Sheila Sison. The rest of the team includes Atty. Michael Poa, Duterte's former undersecretary at the Department of Education, and lawyers from the Fortun, Narvasa & Salazar law firm. In all, 15 of Duterte's legal team were physically present on the first day of trial.
The defense's lead counsel began by reminding the prosecution that Duterte was elected to office by "more than 32 million Filipino people. More than the number of votes cast for the sitting president and much greater than any of the votes secured by each of the members of the House of Representatives who now are here to prosecute her and seek to undo this people's choice."
"Ang malinaw na layunin sa likod ng mga paratang na ito ay ang pagpapatalsik sa isang bise presidenteng inihalal," Sison said.
Sison acknowledged the prosecution's desire to seek accountability from the country's leaders. "This is not a matter of debate. Indeed, the people have a right to demand accountability from their leaders," she said.
She then quoted Section 1, Article 11 of the Constitution, saying, "Public office is a public trust." She added the law "does not only speak to the vice president. It also demands the same standards from the prosecutors."
Sison went on to say that the ongoing impeachment trial is not the first time the House "attempted to remove the vice president, and in a manner not compliant with the Constitution."
She mentioned the Supreme Court's decision on July 25, 2025 unanimously declaring that the first House impeachment hearing against the vice president was "tainted with grave abuse of discretion, rendering the articles of impeachment that the House transmitted last year to the Senate as void..."
"Impeachment should never be abused to maintain the hegemonic dominance of greed by shaming those who occupy high government positions into preventing them from doing what they were sworn to do," Sison said, quoting the SC.
She reminded the court that, "The rule of law that does justice is our lodestar," adding justice includes accountability and fairness. Sison said there had to be an "unyielding resolve to ensure that the trial and judgment in this case are done in accordance with the command of the Constitution."
"Otherwise, those who stand in sanctimonious judgment of the vice president will send a clear message that the law can be bent when it suits the convenience of the powerful," she added.
House 'mini-trial'
Sison denounced the House Justice Committee's "mini-trial" of the vice president, when it launched its second impeachment proceedings against Duterte.
According to Sison, it "became a vast fishing expedition of alleged evidence that were not even part of the impeachment complaints under its consideration, and which the respondent accused was made to answer."
"In that mini-trial, we saw how the purported pieces of evidence were curated to construct a narrative against the Vice President even before this case reaches trial," Sison said. "The articles of impeachment presented before this court as an exercise of the House's power to initiate impeachment cases are, therefore, in sober truth, the products of an impermissible intrusion of clear constitutional boundaries."
Sison enumerated the points she was anticipating the prosecution would raise during the trial:
- The Commission on Audit's notices of suspension and disallowance, and its decision denying Duterte's appeal of the disallowance support the prosecution's accusations;
- The certifications of the Philippine Statistics Office confirming the prosecution's allegation that the recipients of the Office of the Vice President's confidential funds do not exist, "even though they listed one Mary Grace Piattos in their pre-trial brief as among their witnesses"; and
- The liquidation of the confidential funds in a span of 11 days "was allegedly swift as to invite suspicion," as were the National Bureau of Investigation's findings of similar signatures in acknowledgement receipts submitted to the COA.
According to Sison, the prosecution did not inform the public that the Office of the President allegedly approved the recommendation of the Department of Budget and Management "to cover the request of financial assistance subsidy and confidential funds of the OVP..." and that such funds were "released to the OVP on Dec. 20, 2022 under this documented approval process."
Sison added that the COA decision of suspension and disallowance was not final, with a pending motion for its reconsideration.
Sison said the defense panel was familiar with the prosecution's accusations against Duterte as the Committee on Justice had given "the same tales and stories...since 2024."
"But what we must not forget amid all these accusations is the fundamental legal rpinciple that the burden of proof never shifts...He who accuses must prove his allegations with evidence..." Sison said.
"And unless [the prosecution] discharges that burden, the accused need not even offer evidence on her behalf, and she will be entitled to an acquittal," she continued.
Duterte impeachment trial
The Senate formally convened as an impeachment court on Monday afternoon with senator-judge Chiz Escudero as presiding officer.
Duterte is facing a total of four impeachment complaints. The first complaint was filed by a coalition of various organizations on Feb. 2, but was set aside for violating the one-year bar rule. The second was filed on Feb. 9, but was withdrawn to consolidate support for the third complaint.
The third complaint, backed by ML Party-list Rep. Leila de Lima, charged Duterte with culpable violation of the Constitution, betrayal of public trust, plunder or malversation, bribery, graft and corruption, and other high crimes.
The fourth complaint, endorsed by House Deputy Speaker Paolo Ortega and Manila 6th District Rep. Bienvenido Abante, similarly alleged constitutional violations, betrayal of public trust, graft and corruption, and other impeachable offenses.
The Senate impeachment court has approved a 92-day trial as of writing. Sixty-two trial dates have been set for House of Representatives prosecutors and 30 for Duterte's defense team, according to a 14-page Pre-Trial Order obtained by The Philippine STAR.
According to House prosecutor Chel Diokno, the articles of impeachment will be presented in the following order: fourth article, first article, third article, and second article.
If the Senate impeachment court finds her guilty of the charges, Duterte will be removed from her current post and permanently barred from holding public office.
