Lawmaker Urges Fair Trial in Duterte Impeachment

By Joseph Bernard A. Marzan and Mariela Angella Oladive

Iloilo 3rd District Rep. Lorenz Defensor, one of the House prosecutors in the impeachment trial of Vice President Sara Duterte, urged returning and incoming pro-Duterte senators to be “fair and impartial” during the proceedings.

Defensor, in an interview with ANC’s Headstart on May 26, emphasized that the Senate must proceed with the trial and cannot dismiss the complaint on procedural grounds or time constraints.

He cited the Philippines’ alignment with the impeachment provisions of the U.S. Constitution, particularly the principle that an impeachment case can carry over into the next Congress.

“We are following the provisions of the U.S. Constitution on impeachment, so it’s imperative that we also follow their practice,” Defensor said.

He said he sensed that senators are inclined to observe due process, adding, “I’m glad that I have that sense from the Senate right now that they want to follow proper procedure and respect the jurisdiction of the impeachment court.”

Defensor acknowledged that several pro-Duterte candidates won Senate seats in the 2025 midterm elections, including re-electionist Sens. Bong Go, Bato dela Rosa and Imee Marcos, as well as Reps. Rodante Marcoleta (SAGIP) and Camille Villar (Las Piñas).

“There’s a good balance in the Senate with respect to the incoming senators, and I like that. It’s the best way to express our democracy,” he said.

“We have to remember that the impeachment trial is a purely political process. Taking sides is allowed. My only hope is that they remain fair and impartial when it comes to the presentation and acceptance of evidence from both the prosecution and the defense.”

He added that each senator’s vote would reflect the will of the Filipinos who elected them.

The House is expected to present the Articles of Impeachment to the Senate on June 2. The impeachment court is set to convene the following day, June 3.

The 11-member House prosecution panel includes Reps. Gerville Luistro (Batangas–2nd), Romeo Acop (Antipolo–2nd), Rodge Gutierrez (1-Rider), Joel Chua (Manila–3rd), Jil Bongalon (Ako Bicol), Loreto Acharon (General Santos), Marcelo Libanan (4Ps), Arnan Panaligan (Oriental Mindoro–1st), Bel Zamora (San Juan), and Jonathan Keith Flores (Bukidnon–2nd).

Incoming party-list lawmakers Leila de Lima (Mamamayang Liberal) and Chel Diokno (Akbayan) are set to replace Bongalon and Acharon in the 20th Congress.

The impeachment complaint, filed on Feb. 5, accuses Vice President Duterte of misusing confidential funds and threatening high-ranking officials, including President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and House Speaker Ferdinand Martin Romualdez.

The Senate has not yet received the articles of impeachment in plenary, leaving the process stalled for months.

Election lawyer Romulo Macalintal previously argued that if the trial does not begin before the end of the current congressional term on June 30, the complaint would be void under Senate Rule 44, which nullifies all pending matters at adjournment.

He said a refiled complaint would violate the constitutional ban on initiating more than one impeachment case against the same official within a year.

Defensor disagreed, maintaining that the Senate is a “continuing body” and impeachment is not a legislative measure subject to adjournment rules.

“The impeachment trial is sui generis—it is its own kind of process,” he said. “It is not a legislative function. It is a national inquest.”

He compared the situation to U.S. precedents, including the trials of former President Bill Clinton and federal judges, which continued despite congressional transitions.

Defensor emphasized that impeachment serves to protect the nation from officials who may not be morally fit to hold office, and that a technicality such as the end of a term should not halt the proceedings.

He said that while the prosecution may withdraw some articles, as seen in the 2012 impeachment trial of the late Chief Justice Renato Corona, the House is preparing to prosecute all seven counts comprehensively.

“We are confident that we can present the Articles of Impeachment properly,” Defensor said.

He also clarified that members of the prosecution team who lost in the recent elections can still participate as private prosecutors with the lead prosecutor’s consent.

Outgoing senators who will serve as judges until June 30 include Sens. Nancy Binay, Koko Pimentel, Grace Poe, Bong Revilla, Francis Tolentino, and Cynthia Villar.

Incoming senators expected to sit as judges include Bam Aquino, Ping Lacson, Kiko Pangilinan, Tito Sotto, and Erwin Tulfo, along with re-elected Sens. Pia Cayetano and Lito Lapid.

Senate President Francis Escudero confirmed that newly elected senators will take their oaths on July 29, a day after the opening of the 20th Congress.

If the trial proceeds, it will be the first impeachment case involving a vice president since the restoration of Philippine democracy in 1986.