Prosecution says Sara Duterte defense made no categorical claim of her innocence

House prosecution panel spokesperson Rep. Renee Co of Kabataan Party-list on Tuesday downplayed the initial arguments raised by Vice President Sara Duterte's defense team, saying its opening statement did not categorically declare that Duterte was innocent of the Articles of Impeachment filed against her.

Co made the remark on Tuesday after Duterte appeared at the Senate to confer with her lawyers following the first day of her impeachment trial on Monday, when both the prosecution and the defense delivered their opening statements.

"Two things: Wala pong full stop claim that Vice President Sara is innocent. Iyon ang hinahanap natin sa kahit anong opening statement ng defense," Co said at a press conference.

(There was no categorical claim that Vice President Sara is innocent. That is what we were looking for in the defense's opening statement.)

Co also noted that the defense did not address the impeachment article concerning Duterte's alleged death threats, which the prosecution was set to tackle first by presenting its evidence.

"Our first evidence is that weighty press conference of the Vice President [making the threats against the President]. So it is really wise for the Vice President to confer with her defense team on that matter," she said.

Co was referring to Duterte's November 2024 press conference, during which she said:

"P***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.

(*Expletive*. Don't worry about my security because I have already spoken to someone. I told that person that if I am killed, 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."

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

The Articles of Impeachment approved by the House of Representatives accuse Duterte of culpable violation of the Constitution, graft and corruption, betrayal of public trust, bribery, and other high crimes based on the following allegations:

• systematic misuse, misappropriation, and irregular liquidation of 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 and earnings as a public official;
• failure to fully and truthfully disclose all her and her spouse's assets, liabilities, and net worth in her Statements of Assets, Liabilities and Net Worth (SALNs), including those for 2022, 2023, and 2024;
• failure to divest from her business interests, and instead willfully continuing those interests during her tenure as vice president from 2022 to 2025;
• giving monetary gifts or payments to DepEd officials to induce violations of procurement and related laws; and
• allegedly contracting for the assassination of President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and former House Speaker and Leyte Representative Martin Romualdez by making grave threats and actively inciting sedition.

The allegations on confidential funds, monetary gifts, and the alleged assassination plot constitute Articles I, III, and IV, respectively, while the allegations on unexplained wealth, SALN disclosures, and business interests are all covered under Article II.

In her opening statement, Duterte's lead counsel, Atty. Sheila Sison, urged the Senate impeachment court to acquit the Vice President, arguing that the impeachment case was the product of an "impermissible intrusion of clear constitutional boundaries."

Sison also stressed that, under the Constitution, every accused is presumed innocent until proven guilty.

"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," Sison said.

She also said:

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

(The clear objective behind these allegations is to remove a vice president who was elected by more than 32 million Filipinos through their free choice.)

For her part, Duterte has maintained that the impeachment complaint should be dismissed for lack of evidence.

She has also argued that her remarks about killing President Ferdinand Marcos Jr. and his family were protected by her constitutional right to freedom of expression.— MCG, GMA News