Makabayan lawmakers Rep. France Castro, Rep. Raoul Manuel, and Rep. Arlene Brosas endorsed on Dec. 4 an impeachment complaint from 75 signatories against Vice President Sara Duterte on grounds of betrayal of public trust due to irregularities in the budget spending and accounting of her offices. 

This marks the second impeachment complaint against Duterte, with Akbayan Rep. Perci Cendaña endorsing another rap from 16 individuals two days prior.

But the complainants will have to act fast, as the days until the adjournment of session for midterm election campaigns come Feb. 8 wind down, and along with them, the opportunity for the people to hold accountable those guilty.

“Panahon na para wakasan ang paglulustay ng pondo ng taumbayan—ang taumbayan na naghihirap ngayong napakatindi ng krisis at kung saan-saan pa napupunta ang binabayad na buwis sa gobyerno,” said former Gabriela Rep. Liza Maza during a press conference prior to their filing.

Building the Case

The impeachment complaint was submitted to the House of Representatives, the sole governmental body with the constitutional mechanism to initiate such a proceeding.

The Makabayan-endorsed complaint, a copy of which was obtained by the Collegian, provided three main arguments for the impeachment of Duterte:

•   ●  Gross abuse of discretionary powers over P612.5 million in supposed confidential funds in December 2022 until the third quarter of 2023;
•   ●  Gross disregard of transparency and accountability by ordering subordinates to prepare implausible liquidation reports, fabricated accomplishment reports, and falsified documents and;
•   ●  Dereliction of official duty by willfully refusing to recognize congressional oversight during budget deliberations and its authority to conduct inquiries in aid of legislation.

The complaint classified these as a betrayal of public trust, an impeachable offense according to Article 11 of the 1987 Constitution. Other grounds for impeachment include culpable violation of the Constitution, treason, bribery, graft and corruption, and other high crimes.

Akbayan’s complaint listed arguments for impeachment under all grounds listed in the Constitution, save for treason.

Controversies surrounding the vice president’s dubious spending first erupted during budget deliberations in 2023. Come 2024, even more arose.

The House is still investigating P612.5 million in Duterte’s use of confidential funds—P500 million from the Office of the Vice President from December 2022 to the third quarter of 2023 and P112.5 million from the Department of Education (DepEd), when Duterte was still secretary.

The House probe also revealed that state auditors issued a notice of disallowance, requiring the return of P73 million in the OVP’s confidential funds in 2022 and, in two unreleased audit observation memoranda, flagged P164 million in the OVP’s confidential funds in 2023. Irregularities in the disbursement of P15.5 million in DepEd’s confidential funds in 2023 were also brought to light.

The House probe most recently found multiple questionable names in acknowledgment receipts from the OVP to the Commission on Audit, including one confirmed fictitious “Mary Grace Piattos,” which many state legislators have called proof of fraudulent activity.

And amid the investigations, Duterte snubbed several House hearings both on the probe into her alleged misuse of funds and on the OVP’s budget for 2025. During the budget hearing sessions she did attend, she gave nonanswers to questions pertaining to her use of confidential funds.

“Hindi niya [Duterte] kinilala ang kapangyarihan ng Kongreso na mag-imbestiga. In fact, gumawa siya ng mga hakbang para pigilan ang Kongreso sa trabaho nitong oversight at tingnan ang mga maling gawa ng kanyang mga opisina,” said Teddy Casiño, former Bayan Muna representative and complainant, during the Dec.4 press conference.

Political Inclination

Duterte is not the first public official to be served with two simultaneous impeachment complaints for betraying public trust. A similar tale materialized—and succeeded—before the lower chamber in the past. 

Akbayan and Makabayan-affiliated Bagong Alyansang Makabayan representatives also endorsed separate impeachment complaints within weeks of each other against former Ombudsman Merceditas Gutierrez in 2010 on grounds of betrayal of public trust.

Though the Constitution prohibits more than one impeachment proceeding from being launched against a public official within one year, the Supreme Court ruled that multiple impeachment complaints may be filed at any period of time, as long as the House condenses them into one impeachment proceeding only.

Though an impeachment complaint was served against Gutierrez in 2009 on similar grounds as the 2010 complaints that successfully impeached her on the lower level, it was dismissed. The only difference was that former President Gloria Macapagal-Arroyo, who appointed Gutierrez, was still seated when the first complaint was filed to the often president-aligned lower chamber. 

The two blocs find themselves in a similar situation again. But if they are to learn anything from Gutierrez's near removal, only cut short by her premature resignation, it’s the power of a Congress-backed administration. 

As it stands today, the lower chamber holds a supermajority of 283 seats against only 28 minority members. And while Marcos asked representatives not to file an impeachment case, widening rifts between him and Duterte cast doubts on their unity, and subsequently, the House's with Duterte.

In some way, the impeachment proceedings yet to be initiated against Duterte could serve as a litmus test on the allegiances between the country’s lawmakers and executive officers, and if any still remains at all between the president and vice president.

Before anything, however, the lower chamber must at least file the impeachment complaints with the appropriate committee to commence proceedings.

Steps Down Coconut Palace

If past impeachment proceedings are anything to go by, the complainants against Duterte may expect a grueling few months of committee hearings ahead of them.

This is partly why the Makabayan-endorsed complaint stated only one ground for impeachment: to hopefully fast-track the justice committee’s deliberation since only one violation will need to be assessed for sufficiency in form and substance, said complainant and Bagong Alyansang Makabayan President Renato Reyes Jr.

But the Makabayan lawmakers are aiming to hasten the process further through a signature campaign in the lower chamber launched on Dec.5. If the complaint receives endorsements from at least a third of all House representatives, the complaint will be elevated to the Senate and bypass the justice committee altogether.

Makabayan also stated their willingness to cooperate with Akbayan to progress their shared goal toward the removal of Duterte. “Impeachment is a political process that requires numbers. Para magtagumpay ang impeachment, kailangan magtrabaho nang sama-sama para mapanagot ang pinapa-impeach,” said Reyes.

Still, complainants are working against the clock to gain endorsements from the remaining House members before the session for the 19th Congress is adjourned on Feb. 8 in preparation for the 2025 midterm election.

Even if the House sets forth the articles of impeachment before this term ends, the Senate will be facing a similar deadline to conclude the trial, lest the impeachment charges become moot. Once proceedings commence, it will already invoke the time bar stipulated in the Constitution whether or not any trial will be concluded in time, meaning no new case can be filed against Duterte within a year.

But regardless of political disruptions, the complainants aim to see the process through to properly demand liability from Duterte.

“Sinasabi lagi … sa pronouncements, na kung may mag-fa-file, they are duty-bound to act on it. Sapat na ito para sa ’min to do our duty as citizens to hold high public officials accountable,” said Casiño. ●