A Philippine vice president is on trial in the most historic Senate impeachment that has ever been held with a sitting vice president. The Senate, as an Impeachment Court, is reviewing four charges related to misusing public money; violating the Constitution; corruption; and confidentiality and questions of public integrity.
Whether the allegations satisfy the constitutional requirements to remove the Vice President from office will be decided in the proceedings. Auditing the government, confidential funds and accountability of the executive has also become a national issue due to the trial.
What Are the Four Articles of Impeachment?
House Resolution No. 989, which had all four consolidated Articles of Impeachment against Duterte, was sent to the House of Representatives.
In Article I, the plaintiff accuses the defendants of betraying the public trust because of the alleged mis-use, dubious liquidation and misappropriation of approximately ₱612.5 million in Confidential and Intelligence Funds of the Office of the Vice President and Department of Education.
Article II is about an alleged violative act of the Constitution involving an alleged extortion of ₱125 million from the Office of the President’s contingent fund to the OVP. Prosecutors say the transfer skirted constitutional constraints on fund augmentation and appropriation.
Article III states that graft and corruption are being committed, including the issuance of allegedly false names and signatures during the Commission on Audit review.
In Article IV, allegations of bribery and unexplained wealth are made, such as monetary gifts to the Department of Education officials, and questions raised regarding statements in Duterte’s Statement of Assets, Liabilities and Net Worth.
How Does the Senate Impeachment Trial Work?
The Senate is taking on the role of an Impeachment Court, and Sen. Francis Escudero is the presiding officer. The evidence will be presented to each other by the prosecution and defense, all of which will be reviewed by the senators who are acting as judges.
To convict, 16 votes, or two-thirds of the 24 Mebraska Senate, are needed. If Duterte is found guilty on at least one article, he may have to leave the Presidency and be disqualified from running for public office for life.
Who Are the Key Witnesses?
The prosecution has placed a high priority on the financial documents, in total over 4,500 Acknowledgement Receipts and 15 boxes of CIF liquidation documents.
In the list of witnesses is Xylene Mae Del Campo, the supervising state auditor with the Intelligence and Confidential Funds Audit Office of COA. She verified hundreds of documents and provided testimony on audit findings and on Notices of Disallowance.
Former State Auditor of the COA, Roderick Wamil also took the stand to narrate the ₱125 million spending and the audit process. Special Disbursing Officers have also been subpoenaed to provide an explanation in regards to how cash funds are managed and distributed in a confidential manner.
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What Is Sara Duterte’s Defense?
The government says the confidential funds were legally distributed and spent on proper national security, peace and order, and monitoring activities.
In addition, her attorneys believe it is sometimes important to use pseudonyms and limited documentation when it comes to sensitive intelligence operations. Further, the defense has impeached parts of congressional investigations, and contended that due process and the rule of law by the executive must be adhered to.
Why Is the Trial Significant?
If it’s not about Duterte’s future as president, then it’s about precedent in terms of how funds must be audited, and how the executive must be accountable for the use of such funds.
Financial transparency against national security confidentiality is another tension that is apparent in the trial. In any case, the Senate proceedings will have an impact on future discussions on public spending, Congress oversight and impeachment in the Philippines.
FAQs
Why is Sara Duterte being impeached?
The charges against her include four consolidated articles for betrayal of public trust and violation of the Constitution, as well as charges of graft and corruption, and bribing or accepting bizarre wealth.
How many votes does it take to convict the senator?
There must be at least 16 of the 24 senator-judges who vote in favor of conviction if an impeachment article should be found.
What evidence is most crucial to the trial?
A key portion of the prosecution’s evidence is financial records, Acknowledgment Receipts, Commission on Audit findings and Notices of Disallowance.
