Palace: Better if VP Sara Duterte appears at trial to prove innocence

Vice President Sara Duterte’s personal appearance at her impeachment trial could help prove her innocence against the charges she is facing, including corruption and betrayal of public trust, Malacañang said on Saturday.

The Senate, sitting as an impeachment court, begins the trial on Monday and among the issues that it must resolve is what to do with the Bureau of Internal Revenue (BIR) green box containing Duterte’s tax records.

“It would be better for Vice President Sara Duterte to personally appear at her impeachment trial if she wants to demonstrate her innocence,” Palace press officer Claire Castro said. “If that’s what they want to show, then it would be better for her to be there.”

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“From a lawyer to another, if they believe that their client is innocent and has done nothing wrong, it would be better to demonstrate to the Filipino people and the rest of the world that the Vice President is innocent,” she added.

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Castro made the remark on July 3, Canada time, when asked during a press briefing with the Philippine media delegation whether Duterte should comply with the impeachment court’s summons. She was in Canada as part of President Marcos’ official delegation for a four-day official visit.

“She herself previously said that she wanted a ‘bloodbath.’ This is where the Vice President can demonstrate her ability to answer the questions being raised against her,” Castro said.

Sealed for now

It remains to be seen whether Duterte will comply but her defense team earlier agreed to open the BIR box, which also contains the tax records of her husband, Manases Carpio, on the condition that it should be done in an executive session of the impeachment court.

The BIR turned over the box in April to the House committee on justice, which voted to keep it sealed.

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Sen. Panfilo “Ping” Lacson, however, said on Saturday that the box, which has been placed in the custody of the Senate secretariat, should instead be returned to the House prosecution panel.

Lacson said this was one of the agreements reached during Friday’s all-senators caucus ahead of the trial.

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“We have no business safekeeping evidence. Evidence should be presented by either the prosecution or the defense. They left the box with us, what are we supposed to do with it? We are a court,” Lacson said in a dzMM interview.

He added that it should not be up to the court to decide whether to open it, warning that doing so could expose the Senate to allegations of grave abuse of discretion.

OP’s permission

Citing the National Internal Revenue Code, Lacson said tax records, although considered public record, may only be disclosed upon written authority from the President or through a waiver from the respondent herself.

“They should not pass the burden of unsealing or opening the box to us. If the prosecution wants it unsealed, it should seek permission from the Office of the President. Not us, not the impeachment court,” Lacson said.

He also questioned why the House prosecution panel accepted and transmitted the sealed box without first securing the authority required under the law.

The box is among the pieces of evidence that the prosecution seeks to present in relation to Article II of the articles of impeachment, which accuses Duterte of amassing unexplained wealth disproportionate to her lawful income and failing to truthfully disclose her assets, liabilities, and net worth.

Duterte was impeached by the House of Representatives on May 11 over alleged misuse of public funds, amassing unexplained wealth, bribery involving Department of Education officials, and assassination threats against President Marcos, first lady Liza Araneta-Marcos and former Speaker Martin Romualdez.

No arrest warrant yet

Senate President Sherwin “Win” Gatchalian, meanwhile, said Sen. Rodante Marcoleta may still sit as a senator-judge at the trial since the Sandiganbayan, as of July 4, has yet to issue an arrest warrant against him.

Marcoleta is facing a nonbailable plunder charge before the Third Division of the antigraft court over his nondisclosure of P75 million in funds from campaign contributions for the 2025 elections.

“For now, [he can attend] because he’s a senator and no decision has been reached yet. So we will wait for the decision of the Sandiganbayan,” Gatchalian said in a separate interview with dzMM.

He added that he cannot preempt any future action that might be taken by the antigraft court against Marcoleta.

Members of the Iglesia Ni Cristo (INC) religious sect held a three-day protest rally on Edsa this week to mobilize support for Marcoleta. On Friday, or a day after the INC ended its rally, the Office of the Ombudsman filed the plunder case against the senator.

Castro rejected claims that the executive branch had wielded its hand to influence the judiciary on Marcoleta’s case.

“First of all, there is separation of powers. If Senator Marcoleta has strong evidence, he can defend himself,” she said.

Marcoleta’s possible arrest can further weaken the minority bloc in the impeachment court.

Two other senators, Jose “Jinggoy” Estrada and Ronald “Bato” dela Rosa, have compromised their capacity to sit as senator-judges due to their own criminal cases.

Estrada has been detained on a plunder charge since June 1, while Dela Rosa is on the run from an arrest warrant for crimes against humanity issued by the International Criminal Court.

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All three senators belong to the minority. INQ