The BGA Philippines Team, led by Managing Director Victor Andres Manhit, wrote an update to clients on the impeachment trial of Vice President Duterte.

Context 

  • The Philippine Senate formally convened as an impeachment court July 6 to open the trial of Vice President Sara Duterte. The vice president faces allegations of corruption, bribery, constitutional violations, betrayal of public trust and other high crimes. The prosecution will need to secure support from two-thirds of the 24-member upper chamber, or 16 votes, to obtain a conviction despite the possible absence of three senators who are now in jail or hiding.
  • The first day of Duterte’s trial focused largely on procedural and organizational matters that would govern the rest of the trial. Despite opposition from some senators, former Senate President Francis Escudero was elected to serve as the trial’s presiding officer. He said the Senate impeachment court should follow constitutional threshold requiring 16 votes to convict Duterte, announced that he would apply the rules liberally in favor of admitting evidence and ordered that all evidence be made accessible to the public in real time as soon as it is presented.

Significance 

  • The House prosecution, led by Batangas Representative Gerville Luistro, argued that Duterte violated the trust of the Filipino people, abused her power and must be held accountable in accordance with the constitution. The prosecution said it will seek to show that Duterte misused PHP 612 million ($10 million) in confidential funds, failed to adequately explain financial transactions linked to her and her husband, used payments to buy loyalty from Department of Education officials and threatened violence against President Ferdinand Marcos Jr., first lady Liza Araneta-Marcos and former House Speaker Martin Romualdez.
  • Sen. Escudero is expected to take an impartial approach to conducting the trial, though his election as presiding officer could face legal scrutiny. Some legal experts have acknowledged arguments that constitutional records should be consulted where ambiguity exists in constitutional interpretation. The records appear to show that the framers believed the Senate president would be the default presiding officer for cases other than presidential impeachment trials. 

Implications 

  • Businesses should watch for the next phase of the proceedings as the Senate impeachment court is set to resume July 7, and the House Prosecution Panel will call witnesses that day. Subpoenas were approved for investigative and financial records, including bank and anti-money laundering materials connected to Duterte and her husband.
  • Companies should also monitor procedural and legal challenges that could emerge throughout the trial. Duterte’s defense team, led by veteran litigator Sheila Sison, argued that the House Committee on Justice overstepped its constitutional mandate by conducting a “fishing expedition” of evidence to support the articles of impeachment even though these were not included in the original complaints.

We will continue to keep you updated on developments in the Philippines as they occur. If you have any comments or questions, please contact BGA Philippines Managing Director Victor Andres Manhit at vmanhit@bowergroupasia.com.

Best regards, 

BGA Philippines Team

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Managing Director

Dindo is recognized as one of Manila’s most well-connected and savvy advisers on developments in government and business in the Philippines. Concurrent with his role as managing director for the BGA Philippines office, he is also the founder and managing director of the Stratbase Group and president of its policy think tank, the Stratbase Institute for Strategic and International Studies.  Since 1991, Dindo has served as a member of the faculty and is the former chair of the Political Science Department and a senior fellow of the La Salle Institute of Governance at the De La Salle University, Manila. He has authored numerous papers on good governance, political, electoral and educational reform. He specializes ... Read More