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LIVE | Vice Pres. Sara Duterte Impeachment Trial Day 1 (July 6, 2026) #VPSaraOnTrial

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Day 1 Overview: Opening of the Impeachment Trial

Day 1 of Vice President Sara Zimmerman Duterte’s impeachment trial began with the formal convening of the court, followed by the call to prayer and roll call, confirmation of quorum, and the election of the presiding officer.

This process opened after a major constitutional dispute over who should preside.

1) Opening Statements and Trial Framework

Senate chair’s opening statement

The Senate President (as chair at the start of the session) delivered an opening statement emphasizing:

  • Impeachment as a constitutional accountability mechanism
  • The need for truth-seeking
  • Strict adherence to due process and the rule of law

Governing impeachment rules

The chair stated that previously adopted impeachment rules—particularly Resolution No. 39 (as amended/continuing)—would govern trial proceedings unless properly acted upon through the legislative process.

2) Threshold Dispute: Presiding Officer and Alleged Rule Changes

A major point of order centered on whether the Senate President must preside, or whether another presiding officer could be elected for the impeachment court.

Arguments against changing the presiding arrangement

Opponents of the change argued it would be unconstitutional and therefore potentially voidable, warning that:

  • Article XI (impeachment provisions) designates the presiding officer arrangement
  • Altering the structure risks invalidating the entire trial through potential judicial challenge
  • Amendments must follow Senate procedures, including:
    • required notice
    • plenary deliberation

They repeatedly framed the presiding issue as a threshold issue impacting:

  • due process
  • institutional legitimacy

Chair’s position

The chair argued that:

  • Resolution No. 39 and the June 3 amendments/renumbering were duly approved in plenary, published, and therefore valid
  • issues regarding those amendments should be raised in plenary, not inside the impeachment court

Additional constitutional argument

One contributor (Senator Kiko/Linan line of argument) contended that the Constitution is “silent” on the presiding officer beyond the scenario where the Chief Justice presides when the President is on trial. They argued Senate promulgation of rules falls within Congress’s authority.

Other comments and guidance

Several senators referenced constitutional commission records and jurisprudence to argue:

  • framers’ intent supports the Senate President’s role
  • constitutionally grounded design should not be bypassed

The chair indicated that amendment/dispute issues should be routed through proper channels (including plenary and/or courts), especially since the matter had already been raised before the Supreme Court (as reflected in the transcript).

3) Election of the Presiding Officer

Despite objections, the impeachment court proceeded to vote on the election of the presiding officer.

  • Senator Judge Panfil Luxon recognized the motion and a vote followed.
  • Result: 12 in favor, 8 against
  • The court elected Senator Judge Francis Joseph Gavara Escudero as presiding officer, effective immediately.

After the election, multiple senators made explanations of vote and renewed objections, largely citing:

  • constitutional compliance and due process fairness
  • legitimacy concerns and litigation risk
  • adherence to the framers’ intent

4) Presiding Officer’s “Threshold Questions” and Standards for Trial Conduct

Once elected, Presiding Officer Escudero issued threshold questions to guide future rulings:

  1. Votes needed for conviction

    • Emphasized the constitutional requirement of two-thirds concurrence of all Senate members
    • Using a literal approach tied to 24 senators, conviction would require at least 16 affirmative votes
    • Cited Bayan v. Zamora to support treating the rule as fixed by Senate composition

  2. Quantum of proof

    • Stated impeachment is sui generis (not perfectly fitting criminal/administrative standards)
    • Decisions must still rest on clear charges supported by sufficiently clear and convincing evidence
    • Burden lies on the prosecution
    • Respondent is entitled to a presumption of innocence

  3. Liberal vs. strict application of rules

    • Rules should be construed liberally to achieve a just, speedy, and inexpensive disposition
    • Not as a license to bypass due process

Additional instructions

Escudero also:

  • warned parties/senators against public comments that could prejudice the trial
  • framed impeachment as not “political theater”
  • promised impartial conduct

5) Incidents After Pre-Trial: Administrative Directives and Public Access

The court resolved several pre-trial and incident matters, including:

  • Sequence of article presentation

    • Article 4 first (grave threats)
    • Article 1 (confidential funds)
    • Article 3 (bribery/graft/corruption)
    • Article 2 (unexplained wealth)

  • Witness disclosure

    • A 5-day witness disclosure period
    • Weekly scheduling requirements for subpoenas

  • Witness examination rule

    • Typically one council examines a witness
    • Exceptions allowed in cases of exigency

  • BIR box

    • Sealed/closed and returned to the Bureau of Internal Revenue
    • To be handled under lawful custody and evidentiary offering requirements

  • Public access to records

    • Ordered creation/updating of web pages so pleadings, motions, memoranda, and approved journals are uploaded to the Senate website as real time as possible
    • Clarified that documentary evidence would not be publicly uploaded until formally offered and admitted by the court

6) Subpoenas and Evidentiary Disputes (NBI and Documentary Production)

Processing subpoena motions began

  • Testificandum subpoenas

    • Ordered subpoenas for two NBI agents scheduled for July 6–8 for Article 4-related testimony

  • Documentary subpoenas (duces tecum)

    • Prosecution sought bank records from multiple banks, plus records from the AMLC
    • Coverage described broadly as spanning from 2006/2007 through 2025, including account details and transaction reports

Defense objections/concerns

The defense argued:

  • Duterte v. House of Representatives limits impeachment to impeachable acts within the relevant period/term
  • broad documentary requests risk becoming another “fishing expedition”
  • they requested time to file comments/objections

Court handling

The court directed that:

  • subpoena motions be furnished to the opposing side before filing
  • a schedule be set for written memoranda and oral arguments

7) Formal Opening Statements

Prosecution (lead counsel: Representative Luis / “Luistro”)

The prosecution presented the case as four chapters tied to alleged betrayal of public trust:

  1. confidential funds allegedly dispersed/liquidated with questionable documentation
  2. alleged unexplained wealth and financial transactions (including with husband) requiring explanation
  3. alleged bribery/graft/corruption via cash payments and gifts to officials
  4. alleged grave threats and culpable violation of the Constitution, allegedly threatening constitutional order

The prosecution emphasized:

  • accountability over politics
  • evidence allegedly includes official records and respondent’s recorded public statements
  • the Constitution allegedly does not permit threats/violence or exemption from constitutional restraint

Defense (counsel for respondent)

The defense argued impeachment requires strict constitutional and legal discipline, warning against:

  • unfair processes
  • misuse of impeachment

They cited a prior Supreme Court development (Duterte v. House of Representatives) to argue impeachment can be abused when constitutional boundaries are crossed.

They also challenged the prosecution’s use of materials from a “mini trial,” arguing that:

  • burden of proof never shifts
  • presumption of innocence applies
  • prosecution must prove admissibility, credibility, relevance, materiality, and competence

Defense further stated:

  • approvals of confidential funds and COA-related matters involve documented processes with pending motions/appeals and available remedies
  • premature conclusions should be avoided

8) Trial Status at the End of Day 1

  • The court formally proceeded with opening statements.
  • It began handling motions/subpoenas and procedural incidents.
  • The court adjourned until 2:00 p.m. Tuesday, July 7, 2026.

Presenters / Contributors (Named in Transcript)

Names are transcribed as they appear in subtitles/transcript; some spellings may vary.

Senate officials / impeachment court

  • Senate President (name not clearly preserved)
  • Senator Judge Bam Aino
  • Senator Judge Panfil Luxon
  • Senator Judge Francis Joseph Gavara Escudero
  • Senator Judge Cayetano Alan
  • Senator Judge Pia Kayatano / Kayatano Pia
  • Senator Judge Delar Roa
  • Senator Judge Hersito Escuderero
  • Senator Judge Estrada
  • Senator Judge Go
  • Senator Judge Oniveros
  • Senator Judge Laxon
  • Senator Judge Lagarda
  • Senator Judge Marcoleta
  • Senator Judge Marcos (Camille/other variants)
  • Senator Judge Padilia
  • Senator Judge Pangilinan
  • Senator Judge Sto. III
  • Senator Judge Tulfo Irwin
  • Senator Judge Tulfo Rafi
  • Senator Judge Villanovva
  • Senator Judge Villar Mark
  • Senator Judge Zubiri
  • Senator Judge Jingo Estrada / Senator Dante Maruetta
  • Senator Judge Joel Villanva

Prosecution / House prosecutors / prosecutors’ councils

  • Representative Jerville Jini Petri Luistro (lead prosecution opening statement)
  • Representative Jose Manuel (name partially garbled)
  • Representative Llaya Dimma
  • Congressman Joel Chua
  • Arlene Kaka Bagawa
  • Lawrence Rivera Defensor
  • Jonathan Keith Flores
  • Isabel Maria Jorge Zamora
  • Terry Don
  • Ramon Rodrigo El Gutierrez
  • Lordens of the first district of Cagayan de Oro City (name partially garbled)

Attorneys referenced for prosecutors’ council / legal support include:

  • attorney Lauren / Laura Pato Kapunan
  • Amando Virgil de Liutan napan Lim Alvarez
  • attorneys from “Legutan law offices / legal law” (partially garbled)
  • May Sancho Deina Graasha
  • Lena Chris Pa Capunan
  • Sonia Castillo
  • Dina Melissa Lorenzo Singan
  • Marford Tua
  • Irwin G. Matib
  • Justine Lamar
  • James Brian Ibrahim Ali
  • Ronaldo Robles
  • Betina Nepomo Zamora
  • attorney Theodor
  • Benjamin Siguosa Jr.

Respondent (Vice President) and her counsel

  • Sheila Cissson (appears for Vice President Sara Zimmerman Duterte)
  • Gregorio Wervasa II
  • Christine Arer
  • Michael Wesley Poa
  • Carlo Wint Narvasa
  • Mark Cluan
  • Justin Nicole Begular
  • Lindon Miguel Cwell
  • Ralph Borha Bodota
  • Roberto Narvasa Batungbakal
  • David Grenell Mgali
  • Carl Grace Gro
  • Clarene Radok
  • Franchesca Marie V. Flores
  • Miguel Carlos Albbar Fernandez

Clerks / procedural roles / other referenced

  • Sergeant-at-Arms (no personal name preserved)
  • Clerk of Court / Clerk of impeachment court (procedural; no personal name)
  • Supreme Court justices/decisions cited (no names clearly preserved beyond case citations)

Original video