Sara Duterte Impeachment Hearing Opens; Vice President Declines to Attend, Citing Prior Commitment to Being Elsewhere

NBI Confirms Threat Video Is Real, Unedited, and Exactly as Bad as It Looks; Defence Team Confirms This Is Unfortunate

Bohiney.com | The London Prat

MANILA, Philippines – The impeachment trial of Vice President Sara Duterte opened Tuesday to a packed Senate chamber, a wall of television cameras, and one conspicuously empty chair where the Vice President would have sat had she not determined, apparently, that being elsewhere was preferable to watching the National Bureau of Investigation authenticate a video in which she threatened to kill the President, the First Lady, and the House Speaker. Officials confirmed her absence was ‘noted.’ Legal observers confirmed that ‘noted’ was doing considerable work as a response.

The impeachment proceedings against VP Duterte, which have been building since early this year following a series of statements that lawyers describe as ‘legally significant’ and that most Filipinos describe as ‘that video where she said she would have them killed,’ entered a new phase as NBI Director Melvin Matibag confirmed before the Senate that the footage is authentic, unedited, and has not been subject to digital manipulation of any kind. The VP’s team has not formally disputed this finding, which may reflect strategic legal thinking or may reflect the fact that the video is, as noted, authentic.

The Silence Strategy: Explained

Duterte’s legal counsel has adopted what Senate insiders are calling the ‘magnificent silence’ approach, in which the Vice President declines to answer questions, attend proceedings, or engage with the process in ways that might constitute participation in her own trial. Senators who have studied impeachment proceedings globally note that silence has historically been interpreted by different tribunals in different ways, ranging from ‘dignified restraint’ to ‘consciousness of guilt’ depending entirely on the political composition of the bench and what day of the week it is.

‘She’s afraid of the truth,’ declared one ally of the prosecution, a statement that is either a penetrating legal observation or simply a description of the same condition that afflicts most people who have said something on camera that they would prefer had not been recorded. The VP has not publicly responded to this characterization. This is consistent with the silence strategy. It is not entirely clear whether the silence strategy has a second act, or whether the first act simply continues indefinitely until everyone agrees to move on, which is not, strictly speaking, how impeachment trials work.

The Constitutional Mechanics

The Philippine Senate, sitting as an impeachment court, is navigating a process that the Supreme Court has already intervened in once, issuing a ruling clarifying the word ‘forthwith,’ which means ‘immediately’ and which was apparently necessary to clarify because ‘immediately’ is a concept that operates differently in Philippine political time than in standard clock time. The Supreme Court ruled that proceedings must move ‘forthwith,’ which the Senate has taken to mean ‘as fast as feasible given scheduling, legal filings, and the general pace at which large institutions make decisions about removing elected officials from office.’

The Philippine Inquirer notes that multiple impeachment grounds are before the Senate, including the kill threat, which former Senator Leila de Lima has described as the ‘gravest’ ground, a characterization that most ordinary observers might have arrived at independently without legal training. Additional grounds relate to allegations of misuse of official resources and conduct unbecoming the office, charges that carry their own weight but that have been somewhat overshadowed in the public imagination by the specificity of the threat on the video.

The Political Backdrop

The Duterte-Marcos political partnership, which swept the 2022 election and was described at the time as an invincible political alliance between the country’s two most powerful dynasties, has since experienced what political scientists politely term ‘alignment challenges’ and what everyone else terms ‘a very public falling out that has been going on for an extended period and shows no sign of resolution.’ The impeachment is a consequence and a symptom simultaneously, which is the kind of thing that makes Philippine politics genuinely fascinating to political scientists and genuinely exhausting to everyone who lives inside it.

Duterte’s security group, according to the NBI, may have played a role in the circumstances surrounding the threat, adding a layer of complexity that investigators are reportedly pursuing with the kind of determination that Philippine anti-corruption bodies deploy when politically convenient and the kind that they do not when it is not, which varies. The Cebu Daily News has noted that the proceedings have drawn extraordinary national attention, with live updates generating some of the highest real-time readership the Inquirer network has recorded in recent memory, confirming that Filipinos follow their constitutional dramas with the same intensity that other nations reserve for sporting championships, except that the outcomes have more lasting legal consequences.

What Comes Next

The trial will continue through further presentation of evidence, witness testimony, and procedural maneuvers by both sides that will, given the trajectory of most Philippine impeachment proceedings, generate approximately 14 Supreme Court interventions, several press conferences featuring statements that technically contradict each other, and a resolution that will be described by whichever side wins as ‘a triumph for constitutional democracy’ and by whichever side loses as ‘a travesty of the same.’ This is not cynicism. This is the historical record. The chair where the Vice President would have sat will presumably remain available throughout. Whether she uses it is, at this point, the country’s most expensive open question.

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