Battle royale, good to go: VP Sara ready for all possibilities

The camp of Vice President Sara Duterte, on one side, and the House majority who pressed for her impeachment, on the other, are gearing up for a landmark battle to convince members of the Senate court to vote their way as the transmittal of the complaints is expected to happen soon.

The lawyers of VP Duterte said they are “ready for all possibilities” as her impeachment looms.

Her legal team said it is prepared for any scenario as the impeachment complaint moves forward in the House of Representatives, including the possibility of an immediate trial in the Senate.

Lawyer Michael Poa said the defense is bracing for the swift transmission of the complaint and the prompt convening of the Senate as an impeachment court.

“We have to anticipate all possibilities when the complaints are transmitted to the Senate and the impeachment court is convened immediately,” Poa said.

Rep. Gerville Luistro, chairperson of the House Committee on Justice, is a lawyer and is expected to lead the House prosecutors in the trial. She said the House plenary will elect members of the prosecution team.

“So we anticipate that with respect to this impeachment, we will be elected, or whoever the prosecutors or House members will be joining the prosecution panel, they will be elected as well by the plenary,” she said.

The next step is drafting the articles of impeachment, which will take place on 4 May.

Luistro said the justice panel that conducted the “clarificatory” hearing on VP Duterte will focus on its remaining duty to proceed with the approval of the report, the resolution, and the articles of impeachment, and to transmit them to the plenary before the House vote.

Senate to act ‘forthwith’

Meanwhile, Senate President Vicente Sotto III said the upper chamber could convene quickly once it receives the articles of impeachment from the House.

Sotto vowed to begin the trial of VP Duterte “forthwith,” or the day after the articles of impeachment are transmitted to the Senate.

The senators went into a caucus to discuss the preparations for an impeachment trial of the Vice President the day after the House justice committee decided there was probable cause to impeach her.

“If we receive the articles of impeachment, we will act on it forthwith. For me, forthwith means the following day,” Sotto said.

A recent Supreme Court ruling said “forthwith” was not synonymous with “immediate.” An impeachment trial should be held within a “reasonable time” at the discretion of the Senate, it said.

Defense is ready

Poa said the defense team has been preparing for months, anticipating various legal and procedural developments as the case progresses.

“As early as now it is our job to prepare and to anticipate any possibility,” he added.

He noted that while they still hoped the lawmakers would consider their objections at the House level, they were still preparing for a full trial should the case advance.

He reiterated that Duterte’s personal attendance at Senate hearings would depend on necessity, following precedents in past impeachment trials where respondents were not required to attend all the proceedings.

Poa also declined to disclose details of their legal strategy, saying these would be presented if the case reaches the Senate.

The Vice President is facing allegations that could form part of the articles of impeachment, including issues raised during recent House hearings.

Despite uncertainties in the timeline, Poa said the defense remains on standby for any development.

“We are ready for that,” he said.

No OVP funds for defense

The VP’s counsel asserted that no public funds will be used to finance her legal defense.

“This is definitely not OVP funds because the case, even though it is in relation to the office, is personal to the Vice President,” Poa said.

He added that even if the allegations were connected to Duterte’s actions as a public official, the legal responsibility and corresponding costs remained personal.

Poa said the defense team, composed of 16 lawyers working in coordination with law firms, does not necessarily mean all are individually retained at high cost, describing the arrangement as a collaborative effort.

He also dismissed speculation that third parties may be funding Duterte’s legal expenses.

“The engagement is strictly and directly with the Vice President,” he said.

NBI claims ‘out-of-context’

The defense team is also pushing back against what it called a “partial” reading of Duterte’s controversial remarks, arguing that the context had been lost in the move to oust her.

The National Bureau of Investigation said the alleged death threat against Marcos came in a late-night press briefing where Duterte said she had arranged for someone to assassinate the President, his wife, and his cousin if she were killed first.

“We really need to consider the context. Why did it come to a press call like that, what was the feeling of pressure that existed at the time?” Poa said.

The clip, according to Poa, failed to capture the full exchange. According to him, Duterte’s remarks came amid concerns over her personal safety, with references to alleged threats against her circulating at the time.

“The full context of those statements was not shown,” he said, adding that parts of the exchange may have been misinterpreted.

Poa said the defense would address the issue within a legal framework, particularly whether the statements met the threshold of a “grave threat.”

Evidence-based hearing

With the complaint against Duterte poised for transmittal to the Senate, one of the impeachment petitioners expressed the hope the senator judges would be guided by the evidence in their ruling.

Fr. Joel Saballa, among the convenors of the third complaint, said he expects political pressure to be a factor in the hearings.

He, however, said he expected the senators to focus on the evidence presented during the hearings of the House Committee on Justice.

“I’m hoping the senators who will take the oath will be guided by the truth, be guided by the evidence laid out, and wouldn’t base their decision on rumors or political inclination,” he said in an interview on a radio program.

For a high-ranking official to be impeached by the Senate, a two-thirds vote of senators is required, which translates to 16 of 24 senators.

This ratio exceeds the required number of lawmakers who must agree to transmit the Articles of Impeachment, which is 106 out of 300, or one-third of the House members.