With the impeachment trial of Vice President Sara Duterte set to begin Monday, legal pressure on several senators perceived to be her allies has intensified, raising fresh questions over the rapidly shifting political dynamics within the chamber that will sit as an impeachment court.

On Thursday, the Department of Justice (DoJ) said prosecutors were continuing their case buildup not only against Senator Ronald “Bato” dela Rosa but also against individuals who may have facilitated his escape from the Senate building following the May shooting incident.

Justice Undersecretary Ian Norman Dato said a panel of prosecutors conducted an ocular inspection of the Senate on 30 June and is determining whether Dela Rosa’s departure was spontaneous or aided by others who may face criminal liability.

Dela Rosa left the Senate premises together with Senator Robin Padilla at around 2:30 a.m. on 14 May after he sought refuge in the complex for several days following an attempt by National Bureau of Investigation (NBI) agents to serve him with an arrest warrant from the International Criminal Court (ICC).

Still, Dato said, the evidence gathered so far was insufficient for prosecutors to reach a final determination on the culpability of Padilla and others who were with Dela Rosa when he fled.

“The evidence upon which the panel would be confident to make a determination is not yet complete,” said Dato, adding that the appropriate announcement would be made once the investigation is completed.

He said the DoJ is also awaiting the resubmission of an obstruction of justice complaint from the Philippine National Police-Criminal Investigation and Detection Group after prosecutors returned the complaint for additional case buildup.

Out of play

The DoJ’s expanding probe comes as several senators identified with the Duterte camp are simultaneously confronting legal and political challenges that could affect the dynamics of the impeachment trial.

Sen. Jinggoy Estrada is under detention following the filing of plunder charges against him by the Ombudsman before the Sandiganbayan.

Moves have also been floated to bar Dela Rosa, who is facing the same charges as former President Rodrigo Duterte related to their so-called war on drugs, from participating remotely in the impeachment trial.

Also on Thursday, the Office of the Ombudsman said it remains on track to file charges before the Sandiganbayan against Sen. Rodante Marcoleta over his alleged receipt of P75 million in undeclared campaign donations before the 2025 elections.

Assistant Ombudsman Mico Clavano said the filing was “on track,” while Ombudsman Jesus Crispin Remulla earlier said a resolution would be issued within the week.

INC rallies

Marcoleta has rejected the impending case as an act of “selective justice,” claiming he is being targeted because of his criticism of the Marcos administration.

Clavano disputed that allegation, saying investigators relied largely on Marcoleta’s own public statements.

According to the Ombudsman, Marcoleta admitted receiving P75 million from former congressman Mike Defensor and businessmen Joseph Espiritu and Aristotle Viray but failed to declare the amount in either his Statement of Assets, Liabilities and Net Worth or his Statement of Contributions and Expenditures.

The impending case against Marcoleta has triggered rallies by members of the Iglesia ni Cristo at the EDSA People Power Monument in Quezon City and Liwasang Bonifacio in Manila.

Marcoleta joined one of the demonstrations and declared that he was prepared to face arrest if necessary.

“I am prepared to be imprisoned. If it is necessary for me to be arrested, I have no problem with that,” Marcoleta said.

Senate upheavals 

Meanwhile, Duterte’s impeachment trial at The Hague follows weeks of dramatic changes in the Senate leadership that reshaped the political tableau ahead of the impeachment proceedings.

Senate President Francis Escudero and Senate Majority Leader Joel Villanueva eventually joined the coalition that backed Sen. Sherwin Gatchalian for the Senate presidency, giving the chamber new leadership before it convenes as an impeachment court to try Vice President Sara Duterte.

The realignment followed an earlier leadership struggle in which Dela Rosa emerged from hiding to cast the crucial vote that installed Sen. Alan Peter Cayetano as Senate president during a brief but contentious power shift.

Cayetano was later replaced by Gatchalian who consolidated a broader support from the chamber.

Lawyer and political analyst Edward Chico, in interviews, said the succession of legal cases involving prominent Duterte allies could have significant political consequences as the Senate prepares to hear the impeachment case.

Sixteen still?

Administration officials, however, have consistently denied that the investigation of opposition figures is politically motivated, maintaining that each case is being pursued independently based on the evidence.

The detention of Estrada and Dela Rosa’s plight have also touched off debates on whether 16 votes from the 24-member Senate are still required to convict the Vice President, with House prosecutors saying that fewer votes are needed as the number of senators who can actually serve as senator-judges goes down.

For his part, Dato said the prosecutors would allow the evidence — not politics — to determine whether additional respondents should be included in the DoJ’s case buildup.