‘Final Opportunity’: Sara Duterte’s Absence Won’t Delay Trial

MANILA, Philippines — The historic impeachment trial of Vice President Sara Duterte will forge ahead systematically, regardless of whether she chooses to personally face her accusers. Lawmakers and legal experts clarified that a boycott or absence by the Vice President will do nothing to stall or derail the freshly convened Senate impeachment court.

The structural guidelines ensure that the constitutional process remains uninterrupted, even if the defense refuses to participate.

With the Senate officially convening as an impeachment court earlier this week under Senate President Alan Peter Cayetano, a formal writ of summons was dispatched to Duterte’s camp. The legal architecture governing her potential non-appearance is clear:

  • Senate Resolution No. 39: The trial is bound by the rules of procedure adopted for the 20th Congress. The resolution explicitly dictates that if an impeached official fails to appear in person or through legal counsel, or refuses to file an answer, the court will not wait.
  • Automatic Plea Entry: Instead of delaying the timeline, the Senate will automatically enter a plea of “not guilty” on Duterte’s behalf and order the prosecution to begin presenting its case.
  • The 10-Day Clock: Duterte has been granted a strict, non-extendible window of 10 calendar days from receipt of the summons to file her formal answer.

“If the person impeached, after service, shall fail to appear, either in person or by counsel… the trial shall proceed nevertheless as upon a plea of not guilty.” — Senate Resolution No. 39, Rules of Procedure

The 11-member House prosecution panel, led by Batangas 2nd District Representative Gerville “Jinky Bitrics” Luistro, strongly warned that skipping the trial or choosing to resign from the vice presidency would be a massive strategic mistake for Duterte:

                         [ TWO PRINCIPAL IMPEACHMENT PENALTIES ]
                                            │
         ┌──────────────────────────────────┴──────────────────────────────────┐
         ▼                                                                     ▼
   [ REMOVAL FROM OFFICE ]                                      [ PERPETUAL DISQUALIFICATION ]
   Becomes redundant if the official                             Permanently bars the individual from 
   chooses to voluntarily resign.                                ever holding any future public office.

Luistro pointed out that because an impeachment conviction carries the dual penalty of removal and perpetual disqualification from public office, the trial must continue even if Duterte steps down. Because Duterte formally announced her intention to run for president back in February, a full trial is required so the senator-judges can determine if she should be permanently banned from the 2024–2030 political landscape.

For Bicol Saro Party-list Representative Terry Ridon, the trial serves as the Vice President’s “final opportunity” to clear her name using hard evidence rather than political press releases. Skipping the sessions would leave the prosecution’s massive mountain of evidence entirely uncontested.

Duterte’s legal team, led by spokesperson Atty. Michael Poa, confirmed they have received the summons and will fully comply by filing an appropriate legal response. The defense will have to systematically dismantle a heavy four-pronged indictment transmitted by the House following a landslide 257–25 impeachment vote:

  1. Misuse of Public Funds: The alleged misappropriation and lack of accountability surrounding ₱612.5 million in confidential and intelligence funds.
  2. SALN Non-Disclosure: The failure to accurately declare assets, net worth, and complex bank transactions within her official Statements of Assets, Liabilities, and Net Worth.
  3. DepEd Bribery Allegations: Claims of systemic anomalies and bribery during her administrative tenure as the Secretary of the Department of Education.
  4. Grave Threats: Criminal allegations tied to highly publicized death threats made against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and former Speaker Martin Romualdez.

Once the initial 10-day filing window and the prosecution’s subsequent 5-day reply period close, the Senate will move directly into pre-trial marking of evidence to prevent courtroom surprises before launching the formal trial proper. Convicting the Vice President requires a two-thirds supermajority, meaning at least 16 of the 24 senator-judges must vote “guilty” on any single article of impeachment.

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