Metro Manila, Philippines — The Senate Impeachment Court has admitted most of the prosecution’s evidence against Vice President Sara Duterte, while excluding some records, ahead of the defense presentation of witnesses and evidence when the trial resumes on Monday, Nov. 9.
The ruling settled the prosecution’s formal offer of evidence and the defense’s objections to it, clearing the way for Duterte’s camp to begin presenting its case on the remaining charge of unexplained wealth, false Statements of Assets, Liabilities and Net Worth (SALNs), and failure to divest business interests.
The hearing will begin at 10 a.m. and focus on Article II, with the prosecution withdrawing Articles I (misuse of confidential funds), III (bribery) and IV (grave threats) on Oct. 13.
In a Nov. 5 order, the court admitted documents including SALNs, bank and financial records, tax documents, property records and reports from the Anti-Money Laundering Council (AMLC).
The court excluded Commission on Audit records on confidential fund spending by the Office of the Vice President and the Department of Education. These were submitted in connection with Article I.
The court also excluded corporate records of JTC Group of Companies Philippines, Inc. and Pikimong Pikimong Philippines Corporation, along with summaries and computations based on those records. It admitted the rest of financial forensic expert Alexander Cabrera’s report, except portions based on the excluded documents.
The court also ruled that financial records from 2007 to 2021 may only be used as a basis for comparison with Duterte’s assets, liabilities, income and business interests during her current term, which began on June 30, 2022.
The court said admitting the documents does not mean it has accepted the prosecution’s claims as true. The senator-judges will still decide how much weight to give the evidence and whether it proves the charge.
With the ruling, the prosecution is deemed to have formally rested its case on Article II. The defense may also use documents already admitted by the court without presenting them again.
Defense witnesses
The defense has asked the court to issue subpoenas for 24 witnesses it intends to present from Nov. 9 to 13, according to a Nov. 4 filing.
The list has corporate counsel Suzette Balucanag-Punay, who is expected to testify on Duterte’s alleged business interests in Gencorp Industries, Inc. and Metro City Chow Foods Corporation; city assessors who will present property records; and Davao City accountant Vingelin Bajan, who will discuss records of Duterte’s pay while she held city office.
The defense also wants bank representatives to discuss requests made by Duterte and her husband, Manases Carpio, in 2026, with bank responses and related documents.
Law professor Ralph Sarmiento, initially named as first witness, later declined to testify. He said he wanted to preserve his independence as a constitutional law scholar. He was expected to discuss legal and constitutional principles related to Article II.
The defense said it would identify additional witnesses later on.
Prosecution comment
Private prosecutor Lorna Kapunan welcomed the court decision. She said it leaves the defense with no reason to avoid addressing the prosecution’s evidence.
Kapunan also warned against what she called a possible “hindi ko alam” [I don’t know] defense. She said public officials should not avoid accountability by claiming they knew nothing about transactions handled by their staff.
“What the prosecution will prove… in this impeachment proceedings is that no public accountable official should get away with a ‘hindi ko alam’ defense,” Kapunan said.
The prosecution has cited Cabrera’s analysis, which estimated ₱817.87 million in alleged unexplained wealth and undeclared assets involving Duterte and Carpio from 2022 to 2025. The defense will have the opportunity to challenge the findings.
Sub judice rule
In a separate Nov. 6 order, the court restored the sub judice rule across all four Articles of Impeachment, including the three withdrawn charges.
The order followed a motion for reconsideration by Senator-Judge Francis Pangilinan and a Nov. 4 filing from Duterte’s defense saying she did not waive the rule and wanted it maintained.
The rule bars parties, their lawyers and other covered individuals from making public statements on the merits of the trial or matters covered by the impeachment charges. Violations carry penalties.
