Sara Duterte defense team seeks acquittal amid impeachment 'aimed at ousting VP'

The lead defense counsel said the impeachment case against Vice President Sara Duterte is meant to oust the second-highest official elected by 32 million Filipinos, calling the articles of impeachment "the product of impermissible intrusion of clear constitutional boundaries.

Atty. Sheila Sison, in her opening remarks in the impeachment trial, stressed that the burden of proof is on the prosecution, indicating Duterte should be acquitted if the prosecution failed to prove its case.

"Ang malinaw na layunin sa likod ng mga paratang na ito ay ang pagpapatalsik sa isang bise presidenteng na binoto ng mahigit 32 milyong Pilipino at bunga ng kanilang malayang pagpapasya," Sison said.

(The clear objective behind these allegations is to remove the vice president who was elected by 32 million Filipinos on their own free will.)

"The burden of proof is on the prosecution, and unless it discharges that burden, the accused need not even offer evidence on her behalf, and she will be entitled to an acquittal. This is the law then. This is the law now," she added.

Sison stressed Duterte's impeachment case is tainted by Constitutional violations, alleging the House prosecutors held a "mini-trial" against the Vice President, which she said became "a vast fishing expedition of alleged evidence that were not even part of the impeachment complaints under its consideration, and which the respondent accused was made to answer."

The House merely initiates impeachment cases while the Senate is tasked to try the case, Sison added.

"In that mini-trial, we saw how the purported pieces of evidence were curated to construct a narrative against the Vice President even before this case reaches trial," she said.

"The articles of impeachment presented before this Court as an exercise of the House's power to initiate impeachment cases are, therefore, in sober truth, the product of an impermissible intrusion of clear constitutional boundaries," she added.

According to Sison, House prosecutors would attempt to use the pieces of evidence to convince the impeachment court and the public to rule against Duterte.

This includes the alleged misuse of the confidential funds, which she said was approved by the then-Budget Department for the Office of the President.

"We are not strangers to all these accusations, precisely because this was not the first time these narratives were foisted into the minds of the general public," the lead counsel said.

"We have heard the same tales and stories of these accusations since 2024, when the House conducted its quadcom hearings, and most recently the mini trial of its committee on justice. But what we must not forget amid all these accusations is the fundamental legal principle that the burden of proof never shifts," she added.

Sison said Duterte should enjoy the presumption of innocence under the Bill of Rights, adding the burden of proof always rests with the accuser.

"The Bill of Rights applies to the entire impeachment process, because in as much as our court recognizes that impeachment is a political process, it reminds us that it is not a purely political process, but a legal and constitutional mechanism," she said,

"Thus, if we are to uphold the rule of law, serve justice, and invoke the accountability mechanism, then this court and we as a people must guarantee that all efforts to hold our leaders accountable must be done right. This we must not forget," she added.

Meanwhile, the defense team of Vice President Sara Duterte expressed satisfaction on the first day of the impeachment proceedings against the second-highest official.

"Actually, we're very happy with the way the first day of trial went. I think on both sides it went smoothly," lawyer Michael Poa, one of Duterte's legal counsel, told reporters.

"Obviously, there were arguments...but again, it's normal. Talaga namang inaasahan na magkakaroon nang ganiyang opposing views ang bawat panig, but so far, I think it was a good first day for everyone," he said.

(Obviously, there were arguments, but again, it's normal. We were already expecting there would be opposing views from both camps, but so far, I think it is a good first day.)

The Senate convened as an impeachment court at 2 pm. on July 6 to formally open the trial on Duterte's case. During the proceedings, the impeachment court elected Senator Francis "Chiz" Escudero as presiding officer.

Both the prosecution and defense team also made their opening speeches. The Senate impeachment court likewise decided on motions raised by the two camps, including the return of the sealed Bureau of Internal Revenue (BIR) box allegedly containing Duterte's tax-related documents to the agency.

"Ayaw namin magbilangan ng ganyan. I think it's as long as we present our case and we present what we want to present for the day, we're happy," said Poa.

"Hindi kami yung tipong nagbibilangan kung sino ang lamang o hindi," he added.

(We're not the type to think who scored more or not.)

Duterte is facing impeachment charges over allegations of culpable violation of the Constitution, graft and corruption, betrayal of public trust, bribery, and other high crimes. In May, she was impeached by the House of Representatives for the second time.

On May 18, the Senate convened as an impeachment court. On June 1, Duterte's camp filed their answer to the Articles of Impeachment, asking the court to junk the impeachment case against her. –Sundy Locus/NB, GMA News