Philippine VP Sara Duterte responds to impeachment articles, citing constitutional defects

The impeachment trial of Philippine Vice President Sara Duterte began yesterday, following delays caused by legal challenges filed in the court and a dispute over Senate leadership.

The 48-year-old faces charges of corruption, bribery, and an alleged plot to assassinate her rival, President Ferdinand Marcos Jr.

Duterte's Response to Allegations

After months of refusing to acknowledge the impeachment hearings conducted by the House of Representatives, Duterte finally responded to the allegations ahead of the Senate trial.

She insisted that the articles of impeachment submitted by the House "suffer from fatal constitutional, procedural, and substantive defects" and should therefore be dismissed. She added that the evidence against her contains "erroneous conclusions, speculation, political rhetoric and materials gathered through an unauthorized evidentiary fishing expedition." She also criticized the House impeachment proceedings for being "tainted by pre-judgment."

Key Charges and Defenses

Duterte is accused of betraying public trust through:

• Misuse of her confidential funds
• Non-declaration of assets
• Plotting to assassinate the First Family

On the assassination plot charge: Duterte claimed she "merely exercised constitutionally protected speech in opposition to the policies, conduct, actuations, and overreach of the current administration." She argued that free speech "applies not only to those who are favorably received but also to those that offend, shock, or disturb." She denied involvement in an anti-government plot, asserting the charges "are founded upon statements taken out of context, statements or interpretations unsupported by competent and admissible evidence."

On the misuse of confidential funds: Duterte pointed out that the impeachment complaint offered no proof that she appropriated the funds for her own benefit. She maintained that there is no final determination yet establishing malversation, plunder, graft, or any unlawful disbursement of public funds allotted to her office.

On asset declaration: Duterte said that documents allegedly showing her undeclared cash assets and transactions violate the confidentiality of bank deposits under the Bank Secrecy Law and are therefore inadmissible. She raised the same argument in rejecting the report of the Anti-Money Laundering Council regarding the financial activities of her spouse.

Prosecution's Response

The House prosecution panel commented that Duterte only discussed "purely technical issues" and failed to directly answer the allegations of offenses. They deemed it unnecessary to respond to Duterte's "non-answer" because no counterevidence was presented.

Public Protests and Political Context

During pre-trial meetings and amid Senate preparations for the trial, a "surprise protest" in Metro Manila demanded accountability and lambasted the "selective justice" targeting critics of the Marcos administration. The protest was organized in support of a pro-Duterte senator charged with plunder.

Duterte issued a statement expressing solidarity with the protesters. "The President's failures of character and leadership have fostered an increasingly oppressive political environment," she said, referring to the charges filed against her allies in the Senate. This reiterates her earlier pronouncements describing the impeachment trial as an example of political persecution aimed at undermining her presidential candidacy.

What to Expect in the Trial

The first week of the trial will provide a glimpse of the actions to be undertaken by Duterte's allies in the Senate. They can either:

• Boycott the proceedings
• Delay the session
• Move to restrict the release of some evidence by raising privacy and procedural concerns

The trial will take place a few weeks before the president's annual State of the Nation Address (SONA), which could become a platform for Duterte and her supporters to direct public attention to unresolved corruption scandals hounding the Marcos administration.

Broader Implications

As the Duterte and Marcos camps trade barbs over who is more corrupt, the impeachment offers an opportunity for anti-corruption advocates to step up the clamor for truth, accountability, and justice. At a minimum, pro-impeachment groups are expected to demand a fair, transparent, and credible trial. They are also gearing up for another mobilization during the SONA to remind the public that the call for accountability applies to Marcos, Duterte, and their networks of political dynasties.