The impeachment of Sara Duterte

The impeachment of Sara Duterte | Daily Tribune

The country’s thinking class and middle class must be thrilled with this week’s news of Vice President Sara Duterte’s impeachment. After all, we, the people, do have a case against Inday Sara. She has been very vocal lately of her intentions to make a presidential run in 2028 and this unsettles the educated and the taxpaying sectors of our society.

It is indeed bothersome watching recent video messages of Sara Duterte which attempt to portray her as kind and merciful but so highly dissonant and out of key to her real character under pressure. The image of Sara throwing expletives and death threats inside the detention room at the Batasan Complex has not faded. She earned this impeachment, and the trial will again be a test of her real character.

The impeachment complaint signed by more than two-thirds of the members of the House of Representatives comprises of six major allegations against VP Sara Duterte. In my opinion the bribery and corruption allegations in the DepEd are among the strongest, backed by credible testimonies.

However, the most intriguing issue to me is the allegation of unexplained wealth and failure to disclose assets. This will certainly lead to a lot of legal calisthenics, especially if the impeachment court issues subpoenas to access Sara Duterte’s bank account and records, including those pertaining to transactions during her time as vice mayor and mayor of Davao City. Of particular interest are her joint accounts with her father, Rodrigo Duterte.

These bank accounts were first brought to public attention by Senator Sonny Trillanes in the run-up to the 2016 elections. At that time, he didn’t have the legal access to official bank records to back his claims, relying instead to daring then-candidate Rodrigo Duterte to waive his rights under the Bank Secrecy Law (RA 1405).

Nine years later the landscape has shifted, and the tables have turned. This time, impeachment proceeding and allegations of unexplained wealth create an exemption to RA 1405. According to jurisprudence, the impeachment court cannot just order indiscriminate examination of bank accounts, but such actions must be justified by the allegations. In this case, they do. The bank transactions and accounts in question are tied to Sara Duterte’s alleged unexplained wealth and non-disclosure of assets against Sara Duterte throughout her public career.

Duterte supporters argue that Trillanes’ claims are merely a rehash of past attacks against the Dutertes. But is this a valid defense? Are these transactions irrelevant since they involve years when Sara was still the vice mayor and not during her incumbency as vice president? The rules on impeachment and legal precedent suggest otherwise. In the impeachment of Chief Renato Corona, acts from his previous judicial positions — not just his tenure as chief justice — were considered.

The logic is clear. Public officials are expected to uphold the Constitution and public trust throughout their service. Thus, misdeeds in any public office can reflect on their suitability for their current position. This is the true nature of impeachment — focus is not on the timing of the act, but on the character and integrity of the public official.

However, the key implication in the impeachment complaint is the reliance on the records provided by Senator Trillanes; that these reported bank accounts and corresponding transactions do exist. According to the allegations, the hidden wealth in the amount of P2,000,000,000 representing bank accounts and transactions cannot in any way come from legitimate sources given Sara Duterte’s net worth in 2007 was only P13,877,469. Sara Duterte’s supporters consistently dismiss these claims, saying anyone can fabricate an Excel sheet to create fiction.

Yet the lingering questions about these joint bank accounts remain. I still remember the deposit slip produced by Vera Files in 2016, confirming that a P500 deposit into a BPI account under the name “Rodrigo Roa Duterte or Rodrigo Roa Duterte and Sara Z. Duterte.”

If these bank records are indeed authentic, this impeachment trial will not hinge on a Senate vote. The real question will be how long Sara Duterte can hold on before stepping down. I predict a resignation.