Prosecution: Violence, misuse of funds amount to betrayal of public trust

Vice President Sara Duterte betrayed the public trust by allegedly resorting to violence, threatening to kill the President and misusing public funds, the House prosecution panel argued on Monday as it opened its case before the Senate impeachment court.

House lead prosecutor and Batangas 2nd District Rep. Gerville Luistro delivered the prosecution's opening statement on the first day of Duterte's impeachment trial.

"In the history of our republic, walang bise presidente na may kaibigang hitman, ngayon lang. Walang bise presidente na handang magpapatay para makaupo sa puwesto, ngayon lang," Luistro said.

(In the history of our republic, there has never been a vice president with a hitman as a friend—until now. There has never been a vice president willing to have someone killed to secure the presidency—until now.)

Luistro stressed that the Constitution provides lawful mechanisms for resolving political disputes and does not tolerate threats, violence or abuses of public power.

"The Constitution provides many means on how to resolve political conflict—elections, legislation, public debate, judicial review, and even impeachment. But it does not permit threats. It does not permit violence," she said.

"It does not permit those entrusted with public power to place themselves above constitutional restraint," Luistro added.

The Batangas lawmaker was referring to Duterte's expletive-laden online press conference in November 2024, during which she said:

"P*t** ina ninyong lahat—Martin Romualdez, Liza Marcos, Bongbong Marcos. Huwag kang mag-alala, Ma'am, sa security ko, kasi may kinausap na ako na tao. Sabi ko sa kanya, kapag pinatay ako, patayin mo si BBM, si Liza Araneta, at si Martin Romualdez," Duterte said.

(*Expletive* to all of you—Martin Romualdez, Liza Marcos, Bongbong Marcos. Don't worry about my security because I have already spoken to someone. I told that person that if I am killed, they should kill BBM, Liza Araneta, and Martin Romualdez.)

"No joke, no joke. Nagbilin na ako, Ma'am. 'Pag mamatay ako, sabi ko, huwag ka tumigil hanggang hindi mo mapatay sila," she added.

(No joke. I already gave instructions that if I die, don't stop until you have killed them.)

Addressing the senator-judges, Luistro said the case ultimately concerns whether public officials remain accountable to the people who entrusted them with power.

"Your Honors, at the center of this case lies a simple question—perhaps the most important question in any republic. When the people entrust power to a public official, does that official remain accountable to the people? Or do the people become accountable to the official?" she said.

"The Constitution's answer is clear. Power belongs to the people. Public office is merely borrowed. And every borrowed power carries an obligation to account for its use," Luistro added.

Aside from the alleged threat against President Ferdinand Marcos Jr., the Articles of Impeachment accuse Duterte of:

• systematically misusing, misappropriating and irregularly liquidating P500 million in confidential funds released to the Office of the Vice President (OVP) and P112.5 million released to the Department of Education (DepEd) during her tenure as Education secretary;
• amassing unexplained wealth manifestly disproportionate to her lawful income;
• failing to fully and truthfully disclose her and her spouse's assets, liabilities and net worth in her Statements of Assets, Liabilities and Net Worth (SALNs) for 2022, 2023 and 2024;
• failing to divest from her business interests while serving as vice president from 2022 to 2025; and
• allegedly giving monetary gifts to DepEd officials to induce violations of procurement and related laws.

Luistro argued that no public official should be exempt from accountability.

"If a barangay treasurer must account for public funds, then so must a Vice President. If an ordinary public servant can be investigated, then so can the highest officials of government," she said.

The House lead prosecutor warned against creating a system in which powerful public officials are held to a different standard than ordinary citizens.

"If ordinary Filipinos are expected to obey the law, then surely those who govern them must obey it first. Otherwise, what lesson do we teach our children?" she said.

"That there is one law for the powerful and another for everyone else? That accountability exists only for the weak? That public office grants immunity from public trust? That is not the republic envisioned by our Constitution. And that is not the republic the Filipino people deserve," Luistro added.

In closing, Luistro urged the senator-judges to decide the case solely on the evidence and the Constitution.

"[We appeal that you] judge this case not by politics, not by popularity, not by fear, not by loyalty, but by the Constitution," she said.— MCG, GMA News