What to expect in Sara Duterte’s impeachment trial

The first day of Duterte's impeachment trial will focus on pending motions and opening statements, with the presentation of evidence expected to begin on the second day.

"Sa Lunes, magkakaroon ng opening statement ang magkabilang opposing counts sa parte ng prosecution at sa defense...So meron po tayong apat na motions na nakahain na inaasahan po natin sa Lunes ay mareresolba na," said House Prosecutor and Manila 3rd District Rep. Joel Chua.

Chua said one of the four motions seeks to allow the use of both Filipino and English during the trial so the public can better understand the impeachment proceedings against the vice president.

He added that another motion aims to require both parties to receive at least three days' notice before a witness is presented. Chua said another seeks to allow both the public prosecutor and the private prosecutor to examine witnesses, instead of limiting witness examination to only one prosecutor under the current rules.

Also included in key pending motions is the prosecution's request to allow both public and private prosecutors to examine witnesses and to open and mark a sealed BIR box containing Duterte and her husband, Mans Carpio's tax records.

Private prosecutor Atty. Lorna Kapunan said the prosecution has already filed its comment on the defense's motions but declined to disclose its contents pending the impeachment court's ruling.

She added that the defense agreed to have the controversial BIR box marked as evidence. 

"Ang position ng prosecution ay dapat transparent, dapat sa impeachment court. Hindi puwedeng i-executive session ang mga ebidensya. But we will leave it to the discretion of the impeachment court," she said.

Meanwhile, Senate President Sherwin Gatchalian said the upper chamber is fully prepared for the start of the impeachment trial on Monday.

“Handang-handa na ang impeachment court sa darating na Lunes… from security to media movement, even movement ng ating mga senator-judges, lahat ’yon ay pinalabas na through guidelines,” he said.

He added that the Senate has started publishing pre-trial orders and other official documents on its website to ensure transparency.

Batangas Rep. and House lead prosecutor Gerville Luistro underscored that the prosecution is very much ready for the trial.

“As a matter of fact, 19th Congress pa tayo naghahanda," she told the media. "I can honestly tell the Filipino people, the House prosecutors and the private prosecutors are all ready as we start this impeachment trial this coming July 6,” she added.

Luistro declined to discuss the merits of the case against the Vice President.

“I hope you understand we cannot comment too much on the merits, and that is why ’yun lang muna ang masasabi natin,” she said.

Chua, meanwhile, stressed that there's no reason not to push through with the impeachment on Monday.

"Tingin ko, all systems go na. Wala naman akong nakikitang dahilan para ito ay maantala o ma-delay sa Lunes dahil sa totoo lang, matagal na itong inaantabayan ng taumbayan," Chua said on Saturday.

92 trial days

The Senate impeachment court has approved a total of 92 trial days for the impeachment trial of Duterte. Under the 15-page pretrial order signed by Gatchalian, the prosecution was allotted 62 trial days, while the defense was given 30.

Of the prosecution's 62 trial days, 31 were allocated to presenting evidence on Article I, which centers on the alleged misuse and misappropriation of confidential funds.

Another 12 trial days were allotted for Article II, which covers allegations of unexplained wealth, false Statements of Assets, Liabilities and Net Worth, and continued business interests. Eleven trial days were assigned for Article IV, involving the alleged assassination plot, grave threats, and inciting sedition, while the remaining eight trial days will focus on Article III, which deals with alleged bribery and corruption during Duterte's tenure at the Department of Education.

Before President Ferdinand Marcos Jr.'s State of the Nation Address on July 27, the Senate impeachment court will hold hearings every Monday, Tuesday, and Wednesday starting at 2 p.m. After the SONA on July 28, the schedule will shift to Tuesdays, Wednesdays, and Thursdays. All proceedings will be conducted at the Senate Session Hall in Pasay City.

The prosecution is set to present 57 witnesses, while the defense will call 45. Seventeen of these witnesses will be presented by both sides.

Among the common witnesses are Duterte's self-proclaimed former bagman Ramil Madriaga, former Sen. Antonio Trillanes IV, National Bureau of Investigation chief Melvin Matibag, and Ombudsman Jesus Crispin Remulla.

Luistro said the trial will likely extend beyond September due to the volume of witnesses and evidence both sides intend to present.

“If I [were to] consider the number of witnesses and exhibits of both parties, mukhang hindi kakayanin na hanggang September lang,” she said.

Articles of impeachment

Duterte faced four impeachment complaints. The first, filed in February, was dismissed for violating the one-year constitutional rule on impeachment filings, while the second was withdrawn to consolidate support for the third complaint. The third and fourth complaints eventually led to her impeachment by the House of Representatives.

On May 11, House members voted 257-25-9 to transmit the impeachment case to the Senate, making her the first official in Philippine history to be impeached twice.

The Senate formally received the Articles of Impeachment on May 13 and convened as an impeachment court five days later.

The Articles of Impeachment are built around four main allegations: misuse of confidential funds; unexplained wealth and incomplete SALN disclosures; alleged bribery involving Department of Education officials; and an alleged plot to assassinate the President, the First Lady, and former House Speaker Martin Romualdez.

The House prosecution panel on June 29 opposed Duterte's bid to dismiss the impeachment complaint, insisting the Senate must proceed with a full trial.

“It would go against the letter and the spirit of the Constitution if the case is dismissed, even before the trial itself, even before the presentation of evidence, and evaluation of evidence,” prosecutor Leila de Lima of party-list group Mamamayang Liberal said. 

“Our position has always been that the function and duty of the Senate is to conduct a trial, to hear the evidence, and to come up with a decision,” prosecutor Chel Diokno of party-list group Akbayan added. 

While the House prosecution panel intends to present evidence on all four impeachment articles against Vice President Sara Duterte, it may reduce the number of witnesses or no longer pursue some articles if the evidence already introduced is strong enough, according to Chua.

Lanao del Sur 1st District Rep. and House trial spokesperson Zia Adiong said the first article they plan to present will be the one on threats.

While the vice president can attend through counsel, Adiong said he expects Duterte to attend in person.

"This is the trial where the charges against her are openly discussed. We've been saying this all along that from the very start, that we conducted the confirmation hearings," he told One News PH, noting how Duterte repeatedly waived her right to attend hearings.

"I don't think there's any more reason for the defense and the vice president herself not to attend this trial," Adiong added.

What happens on the last day of the trial

After both sides present their evidence and closing arguments, the impeachment court will deliberate and vote on each Article of Impeachment. The senator-judges will vote separately on each article by declaring whether they find the official guilty or not guilty.

Under the 1987 Constitution, conviction requires the votes of at least two-thirds of the Senate, or 16 of its 24 members. If convicted on any article, Duterte will be removed from office and may also be permanently barred from holding public office. If acquitted, she will remain Vice President. She previously declared that she would run for president in the 2028 elections.

Any criminal or civil liability arising from the allegations may still be pursued separately before the proper courts, if warranted.

How to attend in person

If you wish to attend the vice president's impeachment trial in person, you'll need to register online—and be quick, as only 61 public seats will be available each trial day.

Registration opens at 2 p.m. the day before each scheduled hearing through the Senate Visitor Management System. Slots will be filled on a first-come, first-served basis. Applicants must choose their preferred trial date, select "Impeachment Trial," complete the required information, upload the necessary documents, and meet the registration requirements. It will be on a first-come, first-served basis.

All attendees are expected to observe proper decorum and follow Senate rules while inside the premises.

In connection with the Senate impeachment trial, road closures will be implemented in parts of Pasay City starting July 6.

Both the northbound and southbound lanes of J.W. Diokno Boulevard, from Seaside Boulevard to Atang Dela Rama Street, will be closed on Mondays, Tuesdays, and Wednesdays until July 26.