Impeachment Process for VP Duterte Trial Seen as Crucial as Verdict

By Kaela Patricia B. Gabriel, Pexcel John Bacon and Erika Mae P. Sinaking Reporter THE Senate’s handling of Vice-President (VP) Sara Duterte-Carpio’s impeachment trial will be as important as the verdict itself because it will shape future impeachment proceedings, test the country’s democratic institutions, and influence public confidence in the rule of law, political analysts said. The trial opens on Monday, with the Senate sitting as an impeachment court to hear four articles of impeachment approved by the House of Representatives. Beyond determining Ms. Duterte’s political future, analysts said the proceedings would become a benchmark for constitutional accountability and due process. Ederson DT. Tapia, a political science professor at the University of Makati, said the Senate’s conduct throughout the trial would be closely scrutinized alongside its final decision. “The process itself is just as important as the verdict because it will define how future impeachments are understood and conducted,” he told BusinessWorld in a Facebook Messenger chat. He said the public would judge whether both the prosecution and defense were accorded due process and whether the impeachment court evaluated evidence fairly and impartially. Mr. Tapia added that the prosecution’s main challenge would be keeping the proceedings focused on the constitutional grounds for impeachment instead of broader political narratives surrounding the case. “Senators inevitably operate in a political environment, but once convened as an impeachment court, they are expected to evaluate the evidence under constitutional principles,” he said. Mr. Tapia said prosecutors should also show that constitutional and procedural requirements are met to prevent technical issues from overshadowing the substantive allegations. Eric Daniel C. de Torres, a political science professor at the University of the East, said the proceedings would test not only the Constitution but also the country’s political institutions. “This is very important as it once again will challenge the Constitution, the system and process as a whole, and the whole country will be watching,” he said via Messenger. Mr. de Torres said key issues include how the Senate resolves procedural questions, including who presides over the impeachment court and how senator-judges ultimately vote. He added that the prosecution would have to establish both the legal basis of the articles of impeachment and the credibility of its witnesses. “At the end of the day, it is also a battle of the technical aspects of how they were able to come up with the articles of impeachment as well as the credibility of their witnesses,” he said, adding that public perception would also influence how the proceedings are ultimately judged. ‘IMPORTANT DEBATE’ The Senate also faces unresolved procedural issues before the trial formally begins, including how to treat the absence of two senator-judges and whether the constitutional requirement for conviction by a two-thirds vote will be affected. Paul Micah S.A. Francisco, a political science instructor at the University of Santo Tomas, said questions surrounding the voting threshold could become another point of contention. “What is more interesting now is if both sides fail to reach the required number of votes,” he said. “For sure, this will be an important debate within the Senate in the coming days. In fact, this could involve the Supreme Court.” The attendance of two senators remains uncertain — suspended Senator Jose “Jinggoy” P. Ejercito Estrada, Jr., who is detained on plunder charges, and Senator Ronald “Bato” M. dela Rosa, who remains at large following an arrest warrant linked to the International Criminal Court investigation into the Duterte administration’s anti-drug campaign. Hansley A. Juliano, a political science instructor at the Ateneo de Manila University, said the unresolved voting issue could also test the political strategy of the Senate minority bloc. “Can the pro-Duterte senators still afford to go all in on their partisanship, or will they instead be pressured to act neutrally to ensure the public will vote for them again?” he asked. Senate President Sherwin T. Gatchalian has maintained that the constitutional requirement of 16 votes for conviction remains unchanged despite the uncertainty over participation by two senators. He also confirmed he would preside over the impeachment court. Mr. Juliano said Mr. Gatchalian’s position as Senate president makes him the appropriate presiding officer because he represents the institution rather than any political faction. Mr. Francisco, however, said Mr. Gatchalian’s limited legal background compared with some colleagues could invite criticism over procedural rulings, although he said the trial also presents an opportunity for the Senate leader to strengthen his political standing. President Ferdinand R. Marcos, Jr., meanwhile, said the decision on whether Ms. Duterte would personally attend the trial rests with her and her lawyers, although he said he would choose to appear if he were in the same position. “It would be much easier to get to the bottom of everything if you can speak to the accused directly,” Mr. Marcos told a livestreamed media briefing at the conclusion of his four-day visit to Canada on Sunday, Manila time. The impeachment court has scheduled 92 proposed trial dates based on submissions by both parties, including 62 days requested by the House prosecution panel and 30 by the defense. Ms. Duterte faces four articles of impeachment alleging misuse of confidential funds, unexplained wealth, bribery and grave threats against Mr. Marcos, First Lady Marie Louise “Liza” Araneta-Marcos and former Speaker Ferdinand Martin G. Romualdez. She has denied the allegations.