Defense: No decision yet on questioning vote to convict

MANILA, Philippines — There is no final decision yet on whether the defense will file a petition before the Supreme Court questioning the Senate impeachment court’s ruling to lower the number of votes needed to convict Vice President Sara Duterte.

Defense spokespman Michael Poa said during a press conference that the legal team will have to confer with Duterte on the issue.

“The defense is still discussing if we will file and if we will file, when that will be. There are so many things we are trying to consider right now. Filing a petition is easy. But there are so many things that we’re also considering, of course, in communication with our client,” Poa said.

The Senate court is counting on the SC to swiftly settle the petitions against its decision to avert a possible constitutional crisis.

Former executive secretary Vic Rodriguez has filed a petition before the SC for a temporary restraining order (TRO) and a writ of preliminary injunction to stop the Senate from applying its new rule, which excludes absent or incapacitated senators from the two-thirds baseline needed for a conviction.

From “all” 24 senators, the number may go down to 20 who are present, and the two-thirds threshold to convict from 16 to 14.

“We will just have to leave that up to the Supreme Court. As to whether it’s premature, we have our position on that matter,” Poa added.

Impeachment court spokesman Reginald Tongol said the court anticipated the legal challenges, but stressed that the trial would proceed uninterrupted unless the high court issues a TRO.

Philippine Government Electronic Procurement System division chief Rendell Sopeña, the prosecution witness, has “no personal knowledge” whether there were irregularities as the corporation linked to the Vice President allegedly secured 49 contracts worth around P35.878 million with the Davao city government, the defense said.

During cross-examination by defense counsel Roberto Batungbacal, Sopeña said PHilGEPS is merely the repository of the procurement data.

“I believe those irregularities are mostly being found during the audit,” Sopeña said.

Sopeña said two national government offices and one local government awarded contracts to GenCorp Industries Inc., one of the firms where Duterte’s name was listed in the Securities and Exchange Commission.

These are the Philippine Health Insurance Corp. in Region XI or the Davao Region, which awarded 33 contracts worth P1.3 million; the Davao City government, which awarded 15 contracts worth P34.2 million and the Overseas Workers Welfare Administration Region XI, which awarded one contract worth P330,000.

Sopeña said the PhilGEPS records covered awards dated from July 21, 2022 through June 23, 2026. The prosecution presented PhilGEPS procurement records to establish government transactions involving GenCorp Industries.

“We are basing what is being uploaded, so we have no knowledge,” Sopeña added.

Batungbacal noted that other than certifying the documents, Sopeña did not sign any of the bid or technical documents.

“Your knowledge is only limited insofar as it is contained in your system,” Batungbacal noted.

The defense is ready to cross-examine Davao City Mayor Sebastian “Baste” Duterte regarding the alleged ill-gotten wealth of the Vice President, his sister.

Poa, however, said they have no information if the Vice President will visit the Senate to provide support to the mayor when he takes the witness stand.

The Davao City mayor is considered as a hostile witness as he will testify regarding the declared interests of the Vice President, whose listed businesses are based in Davao City.

“Mayor Baste wrote to the impeachment court, requesting that he be scheduled for tomorrow. And so, we’re expecting him to show up tomorrow. Of course, we’ll listen first because we also don’t know what the prosecution will ask, although of course we all have an idea of what it’s about,” Poa added.

PhilGEPS records showed 49 contracts worth a combined P35.878 million awarded to GenCorp during Duterte’s vice presidency.

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