Defense seeks to bar pre-VP acts from Duterte trial

Vice President Sara Duterte's defense team wants allegations tied to periods before she assumed the country's second-highest office excluded from her impeachment trial, arguing that only acts committed while holding an impeachable position can be considered by the Senate impeachment court.

Speaking to reporters on Wednesday, defense counsel spokesperson Michael Poa said the camp would formally oppose efforts to include evidence and allegations predating Duterte's term as vice president.

“Our main contention is that anything outside, anything before her term as Vice President does not constitute an impeachable offense and therefore should be excluded from the proceedings,” Poa said.

He anchored the argument on the Supreme Court’s ruling in Duterte v. House of Representatives, which voided the previous impeachment complaint against Duterte in 2025 and discussed the constitutional limits of impeachment proceedings. 

Poa said the ruling made clear that impeachable offenses cover only acts allegedly committed while a public official occupies an impeachable office.

Under Article XI of the 1987 Constitution, the country's impeachable officials are the President, Vice President, members of the Supreme Court, members of constitutional commissions, and the Ombudsman. 

Asked about claims relating to the vice president's assets, Poa declined to discuss the defense's strategy in detail.

“May or may not be our response. So let’s just wait for our formal response,” he said.

House prosecutors earlier sought to present documentary evidence supporting several articles of impeachment, including allegations involving Duterte's assets and wealth.

Both defense and prosecutor camps race to complete the pre-trial phase of the impeachment proceedings, which involves the marking and authentication of documentary evidence before trial proper.

The lawyer expressed confidence that both the prosecution and defense were aiming to wrap up the pre-trial proceedings within the timetable set by the Senate impeachment court.

"As I've been saying the past few days, I think both sides are really looking to finish the pre-trial conference as soon as possible," he said.

Under impeachment rules, the court is expected to issue a pre-trial order after the conference phase concludes. The order will identify the issues to be litigated, the evidence admitted by the parties, and other matters that will govern the conduct of the trial.

Poa said the defense would review the order once issued and decide whether further comments or motions would be necessary.

The renewed impeachment case against Duterte was transmitted to the Senate earlier this year after the House of Representatives approved articles of impeachment alleging, among others, unexplained wealth, misuse of public funds, bribery and betrayal of public trust.