MANILA: Philippine Vice President Sara Duterte is facing increasing risk of being removed from office and barred from a presidential run in 2028 after the Senate lowered the bar for a guilty verdict in her impeachment trial.
Senator-judges in Duterte’s trial on Wednesday (Sept 23) ruled that the constitutional requirement for a two-thirds vote to convict covers only those present, not all 24 members of the chamber. The ruling effectively excludes four lawmakers who have been absent from proceedings from the final vote.
Two Duterte-aligned senators, Rodante Marcoleta and Jinggoy Estrada, have both been arrested on corruption charges. Another staunch Senate ally, Ronald dela Rosa, is in hiding to avoid an arrest warrant from the International Criminal Court. Senator Loren Legarda, meanwhile, is on extended medical leave while she faces a probe over energy contracts. All have denied wrongdoing.
"The circumstances that gave rise to this ruling are extraordinary,” presiding Senator Francis Escudero said after the decision. Of the remaining 20 senators present in the trial, 13 approved the motion, one disagreed, while six lawmakers aligned with Duterte skipped the voting.
Should there be 20 senators in the final vote, only 14 votes are needed to convict Duterte, according to Escudero. The vice president’s team is expected to challenge the decision in the Supreme Court.
The Philippines’ benchmark stock index edged lower on Wednesday, while the peso was stronger against the US dollar.
The decision is a pivotal moment in the trial, which has already been underway for 10 weeks and could stretch until December. Duterte is accused of threatening to kill Philippine President Ferdinand Marcos Jr and his wife, misusing public funds and amassing unexplained wealth. She denies the allegations.
The original 16-count threshold for conviction had been seen as bar too high for prosecutors to clear. But after Wednesday’s vote, the math moves against Duterte as it removes several reliable pro-Duterte senators.
"Marcos’ government is pushing the envelope with the cases against the minority senators to ensure that he wins this existential battle with Duterte,” said Ronald Llamas, who served as political affairs adviser during the presidency of Benigno Aquino III. The loss for Duterte increases the chances of her conviction, he said.
Senate Minority Leader Alan Cayetano, who’s also under scrutiny for past government projects, has called out the Marcos administration for pursuing "selective justice.” His office has responded that the cases against senators are based on evidence and they have the opportunity to challenge the charges in courts.
The developments come amid a deepening power struggle ahead of the 2028 presidential election, where Duterte is an early favourite. While Marcos is ineligible for re-election because of term limits, the concern in his camp is that Duterte would turn the powers of the state against him and his allies if she wins.
The rift has also complicated efforts to address the nation’s slowing economic growth and elevated inflation.
At least three more Duterte-aligned senators have legal troubles hanging over them. Senator Mark Villar and his sister Camille Villar are facing graft charges related to their company’s water contracts. Senator Robin Padilla has been summoned to answer an obstruction of justice complaint for allegedly helping Dela Rosa escape in May.
During the impeachment trial, prosecutors have repeatedly played a 2024 video of a furious Duterte saying that she feared for her life and had made arrangements for the killing of Marcos, his wife and cousin in the event she dies.
Witnesses have also testified that Duterte’s aides have made unusually large cash withdrawals, of about US$2 million each loaded into gym bags. They have also alleged the vice president of using fictitious names to receive money intended for surveillance operations and then spent those funds on Christmas parties.
Duterte’s lawyers have countered that she has been subjected to threats and harassment since her estrangement from Marcos, and that there was no irregularity on how the funds were spent.
The vice president has pledged to be "unbowed” by the impeachment trial, which she described as a "bloodbath and bludgeoning.” - Bloomberg
