Sara barred from 2028 race if convicted, prosecutor insists

Private prosecutor Benjamin “Jay” Tolosa maintained that Vice President Sara Duterte would be disqualified from seeking the presidency in 2028 if convicted in her impeachment trial, rejecting claims that she could still pursue the country's highest office.

Tolosa said the 1987 Constitution provides for removal from office and disqualification from holding public office following an impeachment conviction.

“That has no basis and it’s inconsistent with the provisions of the constitution…if an impeachable officer is found guilty of the charges and the articles of impeachment, then she should suffer the penalties of removal from office and perpetual disqualification,” Tolosa said.

He cited Article XI, Section 3(7) of the Constitution, which states that “judgement in cases of impeachment shall not extend further than removal from office and disqualification to hold any office.”

Duterte announced her intention to run for president on 18 February, setting the stage for a possible presidential bid in 2028.

Recent surveys by Social Weather Stations and Pulse Asia have also placed Duterte among the leading potential presidential contenders, alongside former Vice President and incumbent Naga City Mayor Leni Robredo, Senator Raffy Tulfo and Senator Risa Hontiveros.

One article enough for conviction

Tolosa's remarks came after the House prosecution panel dropped three of the four impeachment articles against Duterte, retaining the charge involving her alleged unexplained wealth.

While critics interpreted the decision as a sign of weakness, Tolosa insisted that conviction on a single impeachment article would be sufficient to impose the constitutional penalties.

“You only need to secure conviction for one, so that we will get the penalty under the Constitution, which is removal from office and perpetual disqualification from holding public office,” he said.

“That's because there’s two penalties here, it will just be the same regardless of the number of articles that remain,” he added.

The prosecution's decision to narrow its case places greater emphasis on the allegations concerning Duterte's wealth and financial disclosures.

The Vice President has denied wrongdoing.

With the impeachment trial scheduled to resume on 9 November, Duterte's defense team is expected to have the opportunity to present its evidence.

Tolosa said the prosecution's central objective remains determining whether Duterte should continue holding public office.

“For us what matters here is that at the end of the day, the question we’re aiming to answer is the Vice President’s continued fitness to remain in office,” he said.

Despite the prosecution's confidence in its remaining impeachment article, Tolosa acknowledged that the decision to convict or acquit Duterte rests solely with the senator-judges.