Duterte Defense Team Vows Full Participation in Senate Impeachment Trial

The legal team for Philippine Vice President Sara Duterte confirmed Saturday that the defense will fully participate in a Senate impeachment trial if one is convened, even as it maintains a Supreme Court challenge against the House proceedings that produced a unanimous probable cause finding.

The Details

Lawyer Michael Poa, spokesperson for Duterte's 16-member legal team, told radio dzBB that the defense team would appear before the Senate if the impeachment advances to trial — a shift in posture from the Vice President's repeated absence during House Justice Committee hearings.

"As for the Senate, we will definitely participate, the defense team. It is a real trial so the defense team will be there, the prosecutors will be there," Poa said.

Poa added that Duterte's physical presence at Senate proceedings would be determined on a case-by-case basis, citing precedent from the 2011 impeachment trial of late Chief Justice Renato Corona. "The very presence of the Vice President, of course, it will depend on what the incident is for that trial — if it is necessary for her to be there in the trial, just like during the impeachment of the late former chief justice Renato Corona. She will not be present in all the proceedings."

The commitment to participate in a Senate trial does not amount to a withdrawal of the legal challenge the defense has filed before the Supreme Court. Poa confirmed the defense would pursue both tracks simultaneously — contesting the constitutionality of the House process while engaging fully with the Senate if it convenes as an impeachment court.

On April 29, 2026, the House Justice Committee voted unanimously — with all 53 members present in favor — to find probable cause to impeach Vice President Duterte. The complaint now advances to the House plenary, where one-third of members must vote in favor before articles of impeachment are transmitted to the Senate for trial. Congress is scheduled to resume session next month, at which point the plenary vote is expected.

Duterte's lawyers did not concede the validity of the House committee's findings. In a statement after the April 29 vote, one of her lawyers said: "The finding of probable cause by the House committee on justice was not unexpected, given the direction the proceedings had taken. We respectfully maintain that the proceedings before the committee departed from the constitutional design."

Poa also addressed questions about the funding of Duterte's legal representation, stating the engagement is private: the legal team's fees are "definitely not funded by the OVP," referring to the Office of the Vice President.

Context

The impeachment complaint against Duterte centers on charges including the alleged misuse of P625 million in Office of the Vice President confidential funds, P112.5 million in Department of Education confidential funds during her time as DepEd secretary, unexplained wealth, corruption, sedition, and threats against the lives of President Ferdinand Marcos Jr. and members of his family.

Duterte has been in a public feud with former ally President Marcos since their joint 2022 election victory. A previous attempt to impeach Duterte in 2025 was thrown out by the Supreme Court due to a procedural flaw. The high court subsequently issued a ruling on January 28, 2026, defining session days as they apply to impeachment complaints, establishing a clearer procedural framework for the current effort.

Senate leadership convened an all-senator caucus on April 29 to begin preparing for the possible transmittal of impeachment articles.

What's Next

The impeachment complaint goes before the House plenary when Congress resumes session next month. A vote by one-third of House members would transmit the articles to the Senate, triggering a formal trial. If convicted in a Senate trial, Duterte would be removed from office and permanently barred from holding public office — an outcome that would end her declared bid to succeed President Marcos in the 2028 presidential election. The Supreme Court petition challenging the House proceedings remains pending.