Duterte Impeachment Trial Days 1 & 2: Rules Debated, Tax Records Returned, and Witness Takes Stand

MANILA, Philippines — The Senate Impeachment Court concluded its first two days of proceedings against Vice President Sara Duterte, marked by intense constitutional debates, disputes over digital evidence, and a brief appearance by the respondent herself.

Day 1: Constitutional Challenges and Evidence Returns

The historic trial opened on 6 July 2026 under a climate of heavy procedural debate. Senator Francis "Chiz" Escudero was elected presiding officer of the impeachment court following a 12–8 vote.

The selection drew sharp opposition from Senator Alan Peter Cayetano and his group in the minority, who argued that the Constitution mandates the sitting Senate President—Sherwin Gatchalian—to preside over the trial.

"Amending the rules, implementing a null and void rule, and violating the Constitution will endanger this whole hearing," Cayetano warned during the session. "I want to avoid walkouts. I want to avoid any delays, Mr President."

In response, Senate President Gatchalian defended the election, clarifying that the upper chamber had previously voted to amend its rules to allow for an elected presider. "So any issues pertaining to this resolution should be discussed in plenary when the Senate convenes as a legislative body," Gatchalian stated.

Following the leadership dispute, the court addressed a controversial green box transmitted by the House of Representatives containing the Bureau of Internal Revenue (BIR) tax records of Vice President Duterte and her spouse, lawyer Manases Carpio.

Sustaining a motion raised by Senator-Judge Panfilo Lacson, Presiding Officer Escudero ordered the sealed box sent back to the BIR, ruling that the court was not yet in custodia legis (custody of the law) of the documents.

"This box was turned over to the Senate as part of the documents, including the articles of impeachment. However, the court is not yet in custodia legis of this box. It has not been marked or offered as evidence," Escudero explained.

Day 2: Hostile Witness Sparring and Witness Testimony

On 7 July 2026, Vice President Duterte arrived at the Senate premises but did not attend the actual trial, choosing instead to use her time to meet with her legal team. Before heading into the meeting, she issued a brief, defiant statement to reporters regarding the trial.

“In this bloodbath and bludgeoning, I will be bloodied but unbowed,” Duterte said, before skipping the afternoon proceedings.

When the afternoon session commenced, private prosecutor Lorna Kapunan immediately raised an inquiry to the court to compel the respondent's attendance, noting that Duterte had been spotted in the building earlier in the day.

"If the Vice President is in the premises, does she intend to appear personally before the impeachment court?" Kapunan asked. She further manifested the prosecution's plan to call the respondent to the stand as they began presenting evidence for Article IV, which covers alleged grave threats and acts of sedition.

"One of the key witnesses, though a hostile witness, would be the Vice President," Kapunan told the court, stating that they would file a formal written request to compel her presence.

Presiding Officer Escudero declined to forward the question to the defence and ruled that the Vice President's personal attendance is not mandatory.

"The impeachment rules do not mandate or require the respondent to attend any hearing or trial of the impeachment court," Escudero ruled. "Whether she was in the building earlier or arrived after, it is totally up to the respondent because from the point of view of the court, she is represented in this court through her counsel already."

Escudero added that the court would only act on the matter once a formal motion is filed. Kapunan accepted the ruling but emphasized that the prosecution was "reserving the right" and "not waiving the right to call her at the appropriate time."

Inside the courtroom, the prosecution panel proceeded to call its first witness to the stand, National Bureau of Investigation (NBI) Cybercrime Division Senior Agent John Mark Calilung. He was presented by private prosecutor Amando Virgil Ligutan to testify regarding the viral November 2024 video containing the Vice President's alleged death threats against President Ferdinand Marcos Jr, First Lady Liza Araneta-Marcos, and former Speaker Martin Romualdez.

Calilung told the court that he served as the “agent on case” during the forensic investigation. “It means that I viewed, identified, preserved, collected, and authenticated digital evidence in the course of the investigation,” Calilung testified.

The defence team repeatedly interrupted the prosecution with objections, notably launching a motion by defence lawyer Carlo Narvasa to entirely exclude Calilung from the proceedings. Narvasa argued that the agent was not listed in the initial complaints or the transmitted Articles of Impeachment.

The court decided mostly against the defence's objections. Rejecting the motion to exclude the witness, Escudero cited jurisprudence allowing prosecutors to introduce evidence not explicitly detailed in the initial information.

"The court, in general, will not shackle the prosecution by limiting it to the evidence mentioned in the information and/or the articles, especially if it's been mentioned in the pre-trial brief," Escudero ruled.

Day 3: Expected Cross-Examination

The trial resumes today, 8 July 2026, for its third day. Proceedings are expected to centre on the cross-examination of NBI Agent Calilung by the defence.

The defence team has already manifested its intention to counter the prosecution's selective clips by playing the entire two-hour press conference video during their turn, setting up a crucial battle over context and criminal intent.