Biased senators may be asked to inhibit from Duterte trial - De Lima

Metro Manila, Philippines - The House prosecution team will explore options in handling senator-judges displaying partiality in Vice President Sara Duterte’s impeachment trial, including the filing of motions for inhibition, a newly elected lawmaker set to serve as prosecutor said.

In an interview with NewsWatch Plus on Thursday, May 22, Mamamayang Liberal party-list Representative-elect Leila de Lima said the “reality” is that some senators, who are expected to act as impartial judges in the trial, have already publicly shown their inclination to acquit Duterte even before the proceedings begin.

“Pag-uusapan namin iyan kung ano ang pwede naming gawin hinggil diyan [We will discuss what we can do about that],” De Lima said.

“Talaga naman yung iba parang may pre-judgment na sila [Some of them really do seem to have already made a pre-judgment]. That can be really a ground for their disqualification, for their inhibition,” she added.

De Lima, who recently accepted a position on the 11-member prosecution panel, said that under the Rules of Court, a motion for inhibition may be filed - a procedure that can also be invoked in impeachment trials.

She clarified that this is just one option and that the prosecution panel has yet to formally meet.

On Monday, May 19, Senate President Francis “Chiz” Escudero formally invited the House prosecutors to the resumption of session on June 2, when they are expected to present the Articles of Impeachment containing seven charges against Duterte.

The Senate is scheduled to convene as an impeachment court the following day, June 3, where it can begin issuing summons and require the vice president to respond to the allegations.

Five senators-elect endorsed by Duterte are expected to serve as senator-judges, alongside other known allies in the Senate.

De Lima urged lawmakers to refrain from making public comments about the trial, echoing Escudero’s repeated calls to observe impartiality and discretion.

She also underscored the role of public opinion in impeachment proceedings.

“Kung makita na malakas talaga at maayos yung pagkakapresenta ng mga ebidensya ng prosecution, syempre magkakaroon iyan ng public opinion… Yung mga senator-judges kailangan nilang ikonsidera iyan kung ano ang public pulse,” she said.

[Translation: If the prosecution’s evidence is presented strongly and clearly, of course that will influence public opinion… The senator-judges will have to consider that - what the public pulse is.]

A staunch critic of the Duterte family, De Lima spent over six years in detention on drug charges filed under the administration of the vice president’s father, former President Rodrigo Duterte - charges that have since been dismissed.

Despite her history, De Lima said her decision to join the prosecution team stems not from a desire for retribution but from a commitment to truth, justice, and accountability, and not a desire for vengeance.

“Yun lang naman ang kailangan ipakita – we’re doing our best, that we are working hard, that we are thoroughly preparing… para maniwala at mapaniwala hindi lang yung mga senator judges but yung buong sambayanan na meron talagang basehan sa impeachment sa pagpapanagot kay VP Sara,” De Lima said.

[Translation: That’s all we need to show - that we’re doing our best, that we’re working hard, that we’re thoroughly preparing… so that not only the senator-judges, but the entire nation will believe that there is a real basis for the impeachment and for holding VP Sara accountable.]

Duterte is the first vice president to be impeached by the House of Representatives, triggering a Senate trial. The charges include alleged misuse of public funds and threats against the life of President Ferdinand Marcos Jr. and his family. Duterte has asked the Supreme Court to halt the proceedings, but the petition remains unresolved.