Sara Duterte Impeachment Trial Sees Article I Evidence End, Focus Shifts to Unexplained Wealth and Conviction Vote

MANILA, Philippines — The House prosecution concluded its presentation of evidence on the confidential funds article against Vice President Sara Duterte on Tuesday, September 8, by dropping its remaining 15 witnesses and signaling plans to call Duterte herself to testify before the trial concludes.

Private prosecutor Lorna Kapunan informed the impeachment court that the prosecution would forgo the three witnesses subpoenaed for the day as well as the 15 witnesses still listed for Article I, which accuses Duterte of misusing, misappropriating, and irregularly liquidating P612.5 million in confidential funds. The prosecution had initially listed 27 witnesses for this article, presented 10 in court, and stipulated on two more. Kapunan stated the prosecution believes its case has been established through the 12 witnesses and thousands of documents already presented.

Kapunan explained that instead of presenting the remaining witnesses, the prosecution intends to compel Duterte to appear in court, emphasizing that all evidence points to her as the accountable person. However, lead defense counsel Sheila Sison argued that the Constitution prohibits compelling Duterte to testify and said the defense would file a written comment once a formal subpoena motion is filed. Presiding officer Sen. Chiz Escudero noted that former Chief Justice Renato Corona voluntarily testified in 2012 and that nothing prevents Duterte from choosing to appear voluntarily.

Escudero also instructed both prosecution and defense not to rest on Article I, keeping it open while the court considers whether to summon Colonels Raymund Lachica and Dennis Nolasco on its own initiative. These two officers were linked to the handling of confidential funds for the Office of the Vice President and the Department of Education, respectively.

Meanwhile, the trial shifted focus to Article II, which concerns unexplained wealth. Prosecutor Chel Diokno informed the court that the prosecution served the defense with 104 requests for admission under Rule 26 of the Rules of Court. These requests pertain to Duterte’s bank accounts and records, which Diokno argued she either knows firsthand or can verify with banks. Matters admitted through this process no longer require proof via testimony, and failure to respond in time results in automatic admission.

Diokno said this mechanism could eliminate the need for at least 15 witnesses, potentially shortening the proceedings further. He distinguished these requests from stipulations, which require agreement from both parties to be binding. Defense counsel Michael Poa requested 15 days to respond instead of the seven days proposed by the prosecution. Escudero granted the 15-day non-extendable period and warned that blanket denials without reasonable basis would be noted by the court.

To prepare for Article II, Escudero canceled the trial scheduled for the following day to allow both parties to mark exhibits. Diokno noted that over 1,800 bank and insurance records obtained under subpoena still require marking. Poa requested two weeks to study the documents before the trial resumes on Article II, offering to shorten the defense presentation accordingly. Escudero denied this request, citing the court’s calendar constraints rather than any suspicion of delay, and ordered the prosecution to submit its witness list with five days’ notice. The trial is set to proceed on Monday.

Sen. Erwin Tulfo raised a motion for the court to clarify who counts toward the two-thirds vote needed to convict, given that four senators are currently unable to participate. Sen. Loren Legarda has been on medical leave abroad since early August; Sen. Bato dela Rosa has not attended since May due to an International Criminal Court arrest warrant; and Senators Jinggoy Estrada and Rodante Marcoleta are detained on non-bailable plunder charges.

Tulfo pointed out that if the base remains at 24 senators, conviction requires 16 votes regardless of how many senators can vote. However, if nine or more senators are unable to participate, the remaining 15 could not reach the required number even if all voted to convict, effectively resulting in acquittal by default. He noted that Escudero’s initial ruling counted total membership, while the Senate has applied a precedent counting only members within its reach.

Escudero treated Tulfo’s motion as an appeal of his ruling and set a process to resolve the issue. The court will hear from amici curiae, or legal experts, on September 16 to provide insights on the matter. Oral arguments from both defense and prosecution will follow on September 23, with 15 minutes allotted to each side, and a vote on the same day.

As the trial progresses, the prosecution’s decision to end its presentation on Article I and focus on unexplained wealth marks a significant shift. The court’s upcoming decisions on witness summons and vote thresholds will shape the remaining proceedings and the potential outcome of the impeachment case against Vice President Sara Duterte.