Chiz OKs presentation of VP’s SALNs from 2007

To establish baseline

MANILA, Philippines — The Senate impeachment court will scrutinize Vice President Sara Duterte’s financial records starting from her time as a local official in Davao City to establish a “baseline” for her wealth, presiding officer Sen. Francis Escudero said yesterday.

Escudero made the declaration as he dismissed the objection of the defense panel, which argued that the documents were irrelevant to Duterte’s case as these were culled from records of her wealth before she became Vice President.

“Again, we reiterate the ruling of Duterte versus House of Representatives, that only matters in relation to the impeachable term and that are committed or done allegedly in the impeachable, in relation to the position, are matters that can be or within the ambit of this impeachment court,” Duterte’s counsel Justin Gular argued.

He was objecting to the inclusion of the Vice President’s statements of assets, liabilities and net worth (SALN) filed since 2007 in the examination of her wealth.

Gular said that the record was irrelevant because the Vice President was not yet an impeachable officer during those years.

The defense also objected to the prosecution’s request to stipulate that the old SALNs are true and authentic.

Escudero noted the defense’s “continuing objection” but allowed the prosecution’s witness to proceed, explaining that the admission of earlier records is legally necessary for computation.

Escudero anchored his ruling on the 2013 Supreme Court jurisprudence in Office of the Ombudsman vs. Bernardo.

“[T]here is a necessity to establish the baseline, not for the prosecution, but equally for the respondent, in order to find out what is the base figure for the computation... during her term as vice president,” he explained.

No expansion of scope

The presiding officer assured the defense that examining the older documents does not mean the Senate impeachment court is expanding the scope of the trial to include alleged offenses committed before 2022.

“The chair also clarified when it ruled in favor of granting the subpoena that we are not adding to the charges against the Vice President for supposed acts committed prior to her term as Vice President,” Escudero stated.

“Whatever it is that may be shown is only for purposes of establishing a baseline and not adding to the charges already made in the Articles of Impeachment that are outside her term,” he added.

At the resumption yesterday of Duterte’s impeachment trial or Day 26, it emerged that in a span of 18 years, her net worth ballooned to P98.6 million in 2025 from P7.2 million in 2007 when she was elected vice mayor of Davao City, until she became its local chief executive in 2022.

This was according to testimony from Karen Batu, custodian of SALNs in the Office of the Ombudsman.

Private prosecutor James Bryan Ibrahim Alih presented the lawyer-witness on Day 25 of the impeachment trial, which focused on Duterte’s unexplained wealth.

Alih noted that the declared net worth of Duterte and her husband Manases Carpio had an “increase of around P91 million from 2007.”

No personal knowledge

At a press conference after yesterday’s proceedings, defense spokesman Michael Poa said that Batu was presented only for the purpose of identifying the SALNs in the custody of the Office of the Ombudsman.

“So that means we really don’t expect any personal knowledge about the declarations in the SALN and submitted to the Office of the Ombudsman,” Poa said.

Poa added that the SALN forms did not indicate the need to include cash on hand and cash in banks.

“The witness, to be fair, is also just basing her answer on what she sees in the guidelines or what she sees in the SALN forms or the SALN template itself. So, I think this is not the right witness to interpret something like that,” Poa added.

Amici curiae face Senate today

The Senate, meanwhile, begins today its deliberation on whether or not to overturn Escudero’s ruling setting the votes to convict Duterte at 16.

In a statement, Sen. Panfilo Lacson said the appearance of former Supreme Court justices could be the “biggest day” of the impeachment trial for senator-judges as they could guide them on key issues in the trial, particularly the voting threshold for conviction.

“We will hear from three ex Supreme Court CJs (Davide, Panganiban and Puno) and one former associate justice (Azcuna). Two (Davide and Azcuna) were also members of the 1986 Constitutional Commission who helped craft the 1987 Constitution,” he said on his X account.

Set to appear before the chamber today are retired Chief Justices Artemio Panganiban, Reynato Puno and retired Associate Justice Adolfo Azcuna. Davide and Azcuna were members of the 1986 Constitutional Commission.

Retired Chief Justice Hilario Davide Jr. will be submitting a written position on the matter due to a medical condition.

After hearing the amici curiae’s presentation, the senator-judges are expected to vote on Sen. Erwin Tulfo’s motion for reconsideration on the 16-vote or two-thirds-of-all-members threshold for conviction.

Lacson said the current impeachment trial presents a novel scenario where some senator-judges may not be able to attend the trial as some are detained, abroad or in hiding.

“What if only 15 senator-judges remain, will the impeachment trial of an impeachable official continue even if everyone knows it would be moot and academic because the number would not reach 16?”

Of the 24 senators, Ronald dela Rosa is hiding from arrest while Jinggoy Estrada and Rodante Marcoleta are in jail on plunder charges. Loren Legarda has been on prolonged medical leave. — Marc Jayson Cayabyab, Daphne Galvez, Bella Cariaso