Constitutional Bulwark: Defense Challenges Prosecution’s Demand for VP Duterte’s Testimony

Constitutional Bulwark: Defense Challenges Prosecution’s Demand for VP Duterte’s Testimony

By Bing Jabadan – TheNATIONWEEK.com | September 8, 2026

MANILA, Philippines – In a significant development during the impeachment proceedings against Vice President Sara Duterte, her lead defense counsel, Atty. Sheila Sison, invoked a constitutional provision against self-incrimination, challenging the prosecution’s intent to compel the Vice President to testify.

On day 23 of the impeachment trial, in response to the prosecution’s announcement to call Vice President Duterte to the witness stand, Atty. Sison declared, “There is an inherent problem with that request… because the Constitution prohibits this kind of testimonial compulsion from the accused herself.” She underscored Article III, Section 17 of the 1987 Constitution, which guarantees that “no person shall be compelled to testify against himself or herself,” asserting it as a fundamental right applicable to all Filipinos.

This constitutional defense was raised after prosecution counsel Lorna Kapunan indicated their plan to present Vice President Duterte as a witness, particularly following the prosecution’s decision to forgo their remaining 15 witnesses for Article I, which pertains to the alleged misuse and irregular liquidation of confidential funds.

While emphasizing this constitutional safeguard, Atty. Sison stated that the defense team reserves its right to formally respond should the prosecution issue a formal motion or request to subpoena Vice President Duterte.

Furthermore, Atty. Sison reiterated the defense’s consistent stance since the trials began in July: Vice President Duterte is thoroughly represented by her legal counsel. “It is clear that the respondent is here through her counsel. If the respondent were not interested in this trial, she would not have sent her lawyers to defend her,” she asserted, reinforcing the notion that the Vice President’s presence through her legal team is sufficient.

#Impeachment Trial Day 23 – Key Proceedings, Future Directions

September 8, 2026 – The impeachment trial of Vice President Sara Duterte continued today, marked by pivotal procedural developments and a strategic shift from the prosecution.

Prosecution’s Strategic Shift: Targeting VP Duterte’s Direct Testimony

In a dramatic turn, the prosecution announced its decision to forego presenting its remaining 15 witnesses for Article I, which centers on the alleged misuse of confidential funds. Atty. Lorna Kapunan, representing the prosecution panel, asserted that the 4,750 documents and testimonies from 12 witnesses already presented have sufficiently established their case.

Instead, the prosecution now aims to directly call Vice President Sara Duterte as a witness. Kapunan stated, “At the end of all these Articles, we reserve the right to present the Vice President herself,” stressing the critical importance of her testimony across all four Articles of Impeachment. This maneuver signals a more direct and personal challenge to the Vice President by the prosecution.

Defense Cites Constitutional Privilege Against Self-Incrimination

Lead defense counsel Atty. Sheila Sison immediately reserved the right to file a formal written response to any request for a subpoena compelling the Vice President’s testimony. Sison firmly asserted that the Constitution prohibits compelling an accused to testify against themselves, emphasizing this right as “absolute” and not subject to the nature of the proceeding.

Presiding Officer Senator Francis Escudero acknowledged the prosecution’s intent and advised them to formalize their motion for a subpoena, indicating that oral arguments would precede any ruling on the matter.

Transition to Article II: Allegations of Unexplained Wealth

Despite the ongoing debate surrounding the Vice President’s potential testimony, the trial is poised to advance. Proceedings will commence with the prosecution presenting its first witness on Article II, alleging unexplained wealth, on September 14. This marks a distinct shift in the trial’s evidentiary focus.

Earlier in the day, House prosecutor Rep. Chel Diokno informed the court of 104 requests for admission provided to the defense. These requests seek confirmation on the authenticity of submitted bank records and the Vice President’s ownership of individual or joint bank accounts. The court granted the respondent 15 days to file a comment on these requests.

Procedural Debates: Voting Threshold and Senator Attendance

Significant procedural discussions also emerged regarding the necessary voting threshold for conviction and the attendance of senator-judges.

Senator-judge Erwin Tulfo raised questions about permitting senator-judges under custody due to a Sandiganbayan decision to attend and vote in the trial. Senator Escudero clarified that this issue falls under the purview of the Senate as a legislative body, rather than the impeachment court itself.

The contentious issue of the voting threshold also received considerable attention. Senator-judge Pia Cayetano underscored the necessity for a thorough discussion, noting the absence of Senator-judge and Minority Floor Leader Alan Peter Cayetano. She contested Senator-judge Erwin Tulfo’s assertion that the body consistently relied on Avelino vs. Cuenco, arguing the Senate adopted it “for their own purposes” without the new minority’s agreement.

Senator Escudero announced that “amici curiae” (friends of the court) would be called on September 16 to offer opinions on the voting threshold, resulting in no trial session on that day. Oral arguments on this matter, involving presentations from both prosecution and defense, are scheduled for September 23, followed by a vote among the senator-judges.

The trial was adjourned, with no session scheduled for tomorrow, September 9, beyond document markings. Proceedings are slated to resume on Monday, September 14, with the prosecution’s direct examination of witnesses for Article II.

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