By Benjamin Cuaresma
MANILA — Vice President Sara Duterte still has the legal option to step down from office before the Senate formally begins hearing her impeachment case, although legal experts remain divided on whether such a move would shield her from the constitutional consequences of the proceedings.
During a public forum on accountability organized by the Diocese of Baguio on Saturday, lawyer Howard Calleja said resignation remains legally possible even after the Articles of Impeachment have already been transmitted to the Senate.
He pointed to previous cases involving former Ombudsman Merceditas Gutierrez and former Commission on Elections Chairman Andres Bautista, both of whom resigned before their respective impeachment trials could proceed.
However, Bayan Muna chairperson and constitutional lawyer Neri Colmenares argued that leaving office at this stage would not automatically erase the legal effects of an impeachment complaint that has already been accepted by the Senate.
According to Colmenares, once the impeachment process has formally advanced, resignation does not necessarily prevent the possibility of perpetual disqualification from holding future public office if the constitutional process so provides.
The discussion came on the eve of Duterte’s scheduled impeachment trial before the Senate, where she faces several accusations involving her tenure as Vice President and former Education secretary.
The Articles of Impeachment cite allegations that include the improper use of confidential and intelligence funds, unexplained wealth, alleged threats directed at President Ferdinand Marcos Jr. and members of the First Family, and claims that procurement procedures within the Department of Education were circumvented through improper financial inducements.
Colmenares also questioned the reported disbursement of confidential funds amounting to ₱125 million within an 11-day period, saying the Vice President would have to account for how the money was utilized. He likewise raised concerns over additional confidential fund expenditures during 2023.
The lawyer further pointed to questions surrounding Duterte’s reported financial disclosures, arguing that the declared increase in her assets should be reconciled with publicly available records concerning her businesses and compensation as a government official.
The forum also tackled the voting requirement for conviction in an impeachment case.
While differing legal opinions have surfaced regarding the exact number of votes required, Calleja maintained that the Constitution calls for a two-thirds vote of senators serving as judges in the impeachment court during the proceedings.
For his part, Colmenares said the defense’s immediate challenge would be securing enough votes to prevent a conviction, noting that political support inside the Senate could ultimately determine the outcome of the trial.
Beyond the impeachment case itself, Colmenares urged lawmakers to revisit the continued allocation of confidential funds to civilian government agencies and local government units.
He argued that intelligence and law enforcement functions are already performed by agencies such as the Philippine National Police, the National Bureau of Investigation, and the Armed Forces of the Philippines, raising questions over the necessity of maintaining large confidential fund appropriations for civilian offices.
The Senate is scheduled to convene as an impeachment court on Monday, marking the start of what is expected to be one of the country’s most consequential constitutional proceedings in recent years.
ia/xf
