Impeach raps vs. VP Sara sufficient in grounds, trial proper next —House panel

The House justice committee on Wednesday found the two impeachment complaints against Vice President Sara Duterte sufficient in grounds. 

The House panel said the Vice President failed to address to the allegations against her in the Answer Ad Cautelam (With Caution) she submitted.

The two impeachment complaints against the Vice President alleges that she committed betrayal of public trust, culpable violation of the Constitution, among others, over the alleged misuse of P612.5 million in confidential fund and threat to kill President Ferdinand Marcos, Jr. and his family.

“The consolidated verified answer [of the Vice President] does not specifically address the allegations raised in the complaint. We also note that the answer still harps on the issue of sufficiency in substance when that very issue has already been settled by the positive declaration of an overwhelming majority of this committee,” House Deputy Minority Leader Leila de Lima of ML party-list, one of the endorsers of the impeachment complaint, said.

“The allegations of defamation of the President and other officials, malversation of funds, the lack of explanation of confidential funds, anomalous disbursements, the certifications of VP Sara, she signed them herself, the liquidation vouchers, liquidation reports, accomplishment reports, she signed them herself…wala silang sagot tungkol doon, pati roon sa  envelopes na dinistribute to certain DepEd (Department of Education) officials,” De Lima, a former justice chief, added.

(They did not have an answer to that, and they did not address the allegations of envelopes of money being distributed to DepEd officials [when she was DepEd Secretary].)

House committee on justice panel chairperson and Batangas Second District Rep. Gerville Luistro and House justice panel member Terry Ridon of Bicol Saro party-list agreed with De Lima that the Vice President missed a chance to defend herself in her answer that hardly addressed the impeachment allegations against her.

“Considering that the answer [of the Vice President] has very limited responses to the offenses and most of the discussions pertain really to the violation of due process and failure to state ultimate facts…the opportunity to convince the justice members not to declare sufficiency in ground was lost. Because in the determination of sufficiency in ground, the answer should be the basis [of lawmakers in deciding] if the answer was substantial enough to reduce the substance of the impeachment complaint,” Luistro said in a press conference after the proceedings.

“But the thing is, the responses to the allegations of offenses were very limited. And perhaps you've seen it during our deliberation, most of the lawmakers were simply reiterating the same argument that they articulated already during the sufficiency in substance. That is because there are not enough allegations in the answer to comment on,” she added.

‘Fundamental defect’

In response, Atty. Michael Poa, spokesperson of Duterte’s defense team, said that the impeachment complaints suffer from a “fundamental defect.”

“Our position remains unchanged. The complaints suffer from a fundamental defect. They are built on conclusions, speculation, and narratives that are not anchored on the ultimate facts required under the Constitution and the Rules,” Poa told reporters. 

He also said he has not yet conferred with the Vice President whether or not she will attend the trial proper.

Poa, however, stressed that there is no requirement under the applicable rules for Duterte to personally attend the hearings. 

“Any decision in that regard will be made in accordance with her rights and upon the advice of counsel,” Poa added. 

The Vice President, in her earlier answer, denied committing impeachable offenses by arguing that her right to due process was violated, and that there is no contract showing that she ordered the killing of the President and the Chief Executive’s immediate family.

She also cited that the P73 million Notice of Disallowance issued by state auditors on her office's use of 2022 confidential funds is not yet final and thus, appealable. 

Likewise, the Vice President said in her answer that Ramil Madriaga, who has identified himself as her bagman, was lying.

Ridon, however, maintained that these answers are not responsive.

For one, he said a kill plot does not require a physical contract.

“The defense is incomplete. This is not about whether or not there is a contract to kill. The subject matter here is her speech and its content. Her speech contained a threat against the President, the First Lady and the former House Speaker,” Ridon said.

“Merong dokumento, merong kontrata para makapagpapatay ng tao? Wala namang gumagawa nun eh. So what kind of answer is that, actually? Pangalawa, iyong kagustuhan niya na pugutan ng ulo ang Pangulo. That is not a conditional threat,” he added.

Further, Ridon said Madriaga’s credibilty will be tested during the trial proper and would not get in the way of the perjury case that that Vice President filed against the confessed bagman before a Taguig court.

“As for Madriaga, the perjury case will proceed as it should. [But] the Madriaga affidavit will stand and the credibility of Mr. Mariaga will be tested in the course of hearing (trial) proper," he said.

With the impeachment complaints found sufficient in grounds, this will also allow the House justice panel to proceed with the impeachment hearing proper for the presentation of evidence and witnesses, both for the complainants and the Vice President.

Ahead of the voting on the sufficiency in grounds, Luistro said the allegations against the Vice President demand concrete answers. 

“The allegations are not trivial. They are serious. They are weighty. They demand an answer,” Luistro said.

In a Super Radyo dzBB interview earlier in the day, Luistro said the hearing proper will start on March 25. 

Luistro, during the press conference, announced additional trial dates: 

• April 14 
• April 22 and 
• April 29

This developed as the House of Representatives adopted a resolution giving the go-signal to the committee to continue the hearings on Duterte’s impeachment raps during recess.

Sessions in both the House of Representatives and the Senate will be suspended from March 21 to May 3, 2026. — with Giselle Ombay/AOL/RSJ, GMA Integrated News