Sara Duterte May Resign Before Impeachment Trial, Lawyers Say

BAGUIO CITY — Vice President Sara Duterte could still resign to avoid standing trial in her impeachment case, which is set to begin on Monday, much like impeached Ombudsman Merceditas Gutierrez did in 2011 and former Commission on Elections chair Andres Bautista in 2017, lawyer Howard Calleja said. Speaking at the Diocese of Baguio’s “Talakayang Bayan para sa Katotohanan at Pananagutan,” Calleja said resignation remains an option available to Duterte even after the Articles of Impeachment were transmitted to the Senate. But Bayan Muna chair and lawyer Neri Colmenares argued that resignation would not necessarily spare the vice president from the consequences of impeachment. “Any impeachable official who resigned from public office cannot escape perpetual disqualification. The moment the Articles of Impeachment were submitted to the Senate… admission na iyon ng impeachment complaint and therefore perpetually disqualified na siya—not only removed, but perpetually disqualified,” Colmenares said. READ: Sara Duterte Impeachment Trial: Everything you need to know Duterte is facing her second impeachment. Her first impeachment complaint, transmitted to the Senate in February last year, did not proceed after the Supreme Court ruled that it violated the constitutional prohibition against multiple impeachment proceedings within one year. Among Philippine officials who have faced impeachment, former President Joseph Estrada was impeached in 2000 over bribery and corruption allegations but was removed from office during the second People Power uprising before his trial concluded. Gutierrez and Bautista resigned before trial, while the late Chief Justice Renato Corona remains the only impeached official convicted by the Senate after his 2012 trial for failing to fully disclose his assets in his Statements of Assets, Liabilities and Net Worth. READ: Impeachment court summons Sara Duterte to first day of her trial Calleja said the House of Representatives took a more deliberate approach in preparing the current impeachment case, describing the evidence gathered by House prosecutors as “rock solid.” The complaint accuses Duterte of the alleged misuse of confidential funds as vice president and education secretary, unexplained wealth, alleged threats against President Ferdinand Marcos Jr. and his family in a viral video, and the alleged bribery of Department of Education officials. Colmenares said Duterte must explain how confidential funds were spent, particularly the alleged disbursement of P125 million in just 11 days. “She has to explain the confidential fund na ginamit niya, lalo na ang P125 million spent in 11 days. We’re not even counting the P490 million na ginastos niya in three quarters of 2023,” he said. He also questioned the reported increase in Duterte’s net worth to P88 billion as of 2024, saying it was inconsistent with the declared losses of her companies and her government earnings since she became vice mayor in 2007. Much of the public debate, however, has centered on the number of senators required to convict or acquit the vice president. While some legal observers argue that 16 votes are needed in a full 24-member Senate, Calleja said the Constitution requires only a two-thirds vote of the senators who actually sit as judges in the impeachment court. Colmenares, meanwhile, said Duterte’s immediate challenge would be securing enough votes for an acquittal. “She already has five senatorial votes… but how will she complete nine?” he said. Drawing from his years as a Bayan Muna party-list representative, Colmenares said senators are unlikely to support an impeached official unless they believe acquittal is already within reach. “They will first ask if she already has eight votes,” he said, noting that many lawmakers would hesitate to confront Malacañang without a realistic chance of success. Colmenares also said the impeachment proceedings have renewed scrutiny over the growing use of confidential funds by civilian government agencies and local governments. He questioned why civilian agencies require confidential funds for intelligence and law enforcement work already performed by the Philippine National Police, the National Bureau of Investigation, and the Armed Forces of the Philippines. He noted that Davao City allocates about P530 million annually in confidential funds, while Pasay City appropriates P80 million, Manila P120 million, and Quezon City P100 million. Makati City, he said, reduced its confidential funds allocation from P240 million in 2023 to zero in 2024 and 2025 following public criticism. /mcm