Senator-judge Vicente Sotto III questions why the NBI invited four members of the media to provide statements during its investigation into Vice President Sara Duterte’s alleged threats against President Ferdinand Marcos Jr. | Photo Senate Information Bureau
MANILA — The impeachment trial of Vice President Sara Duterte entered a volatile second week, with the Senate confronting complex evidentiary disputes and the political shockwaves from three high‑profile arrests on July 6. Reuters described the opening days as “fractious,” marked by disagreements over rules and the election of Sen. Chiz Escudero as presiding officer.
Duterte faces four articles of impeachment — bribery, corruption, unexplained wealth, and grave threats — which House prosecutor Rep. Gerville Luistro called “four chapters of the same story — a story of public trust betrayed.” The prosecution argues Duterte’s alleged threats against President Ferdinand Marcos Jr., First Lady Liza Araneta‑Marcos, and former Speaker Martin Romualdez constitute “serious, real, and actual danger,” citing testimony from NBI Regional Director Jeremy Lotoc.
Duterte did not attend the opening session, saying through counsel that her absence “does not diminish accountability or imply a lack of transparency.” Her legal team maintains the impeachment is politically motivated.
Prosecution Presents NBI Witnesses, Claims Case Is ‘Airtight’
The prosecution’s momentum grew as NBI witnesses authenticated digital evidence allegedly linking Duterte to an unnamed assassin before her controversial 2024 press conference. Lotoc testified that Duterte’s statements — including “Don’t stop until you kill them” — met the “dangerous tendency” threshold for unprotected speech. He emphasized that speech loses constitutional protection when it “tends to incite illegal acts or create chaos.”
House prosecutor Rep. Joel Chua said Lotoc’s testimony “lalo lamang mas tumibay ang aming ebidensya,” describing the case as “airtight.” NBI Senior Agent John Mark Calilung confirmed the chain of custody for digital files, strengthening the prosecution’s narrative that Duterte’s threats were not rhetorical but operational.
Escudero, presiding over the trial, repeatedly reminded both sides to adhere to evidentiary rules, overruling premature objections and maintaining order despite rising tempers.
Defense Challenges Evidence, Points to Investigation Gaps
Duterte’s defense team, led by Atty. Mark Vinluan countered by highlighting inconsistencies in NBI subpoenas and affidavits. Lotoc admitted that typographical errors existed, though prosecutors dismissed them as clerical issues. The defense also pressed Lotoc on whether the NBI had validated the alleged hitman’s existence; Lotoc conceded they had not.
Senator‑Judge Bam Aquino directly challenged the defense, asking whether Duterte had ever publicly denied hiring a hitman. The defense did not provide a clear answer, prompting Aquino to remark, “If lawyers say there’s no hitman, was Sara Duterte lying?” — a moment that underscored the trial’s intensity.
The Senate’s internal tensions intensified after the July 6 arrests of Sen. Rodante Marcoleta, former senator Mike Defensor, and two businessmen — Joseph Espiritu and Aristotle Viray — who investigators identified as key figures in Marcoleta’s alleged plunder and illegal donation network. Their arrests sent shockwaves through the chamber. Escudero has been handling procedural objections and evidentiary disputes, including those that briefly delayed the trial’s start, ensuring proceedings remain orderly despite rising political pressure.
Arrests Shake Senate: Marcoleta, Defensor, and Two Key Financiers Taken Into Custody
The trial’s political stakes escalated sharply with the July 6 arrests of Sen. Rodante Marcoleta, former Sen. Mark Defensor, and two businessmen, Joseph Espiritu and Aristotle Viray, whom investigators described as key figures in Marcoleta’s alleged donation network.
Marcoleta, a staunch Duterte ally, was arrested for non‑bailable plunder involving ₱75 million in undeclared campaign donations. AP News reported he surrendered at the Sandiganbayan Clerk of Court office “as an act of good faith.” He remains confined at PNP General Hospital due to pneumonia and hypertension, under CIDG custody. Because plunder is non‑bailable, Marcoleta cannot participate in the impeachment trial.
Defensor, arrested under a separate warrant for multiple graft charges, posted bail and is not part of the impeachment court, as he is no longer a sitting senator. He may be called as a witness in related corruption cases.
Espiritu and Viray were arrested for illegal campaign contributions, tax fraud, and anti‑graft violations; both posted bail. Investigators say they played “critical roles” in funneling undeclared donations to Marcoleta’s network. Neither is part of the Senate, but both may be summoned as witnesses.
Estrada’s Case Adds Another Layer of Complexity
Sen. Jinggoy Estrada, arrested earlier for non‑bailable plunder tied to alleged kickbacks from flood‑control projects, remains detained. Daily Tribune reported that his graft case is bailable, but the plunder charge keeps him in custody. He is suspended from Senate duties and cannot participate in the impeachment trial.
With Marcoleta and Estrada sidelined, and Defensor and two financiers newly implicated, the Senate’s political landscape continues to shift, complicating vote‑count projections and alliances.
Trial Outlook: High Stakes for 2028 and Beyond
Political analysts warn that public perception of fairness will shape the trial’s legacy. Professor Ederson Tapia noted, “If the public perceives the process to have been fair, an acquittal could strengthen her position.” A conviction requires 16 of 24 Senate votes and would permanently bar Duterte from public office.
As the trial continues, the Senate faces not only the legal weight of the charges but the political turbulence of arrests, shifting alliances, and the looming 2028 elections.
