The impeachment process is seen as important as the verdict as the trial of VP Duterte begins

By Kaela Patricia B. Gabriel, Pexcel John Bacon again Erika Mae P. Sinaking A reporter

The hosting of the Senate by Vice President (VP) Sara Duterte-Carpio will be as important as the decision itself because it will shape future trials, test the country’s democratic institutions, and affect the public’s trust in the law, political analysts said.

The trial opens on Monday, when the Senate sits as a trial court to hear four impeachment articles approved by the House of Representatives.

Apart from deciding Ms Duterte’s political future, analysts say the trial will be a sign of constitutional accountability and due process.

Ederson DT. Tapia, a professor of political science at the University of Makati, said the Senate’s conduct throughout the case will be scrutinized closely before its final decision.

“The process itself is as important as the decision because it will define how future criticism is understood and acted upon,” he said. BusinessWorld in a Facebook Messenger chat.

He said the public will judge whether the prosecution and defense received due process and whether the trial court considered the evidence properly and impartially.

Mr. Tapia added that the biggest challenge for prosecutors will be to keep the trial focused on the legal grounds for the charges rather than the broader political narrative surrounding the case.

“Senators work under politics, but when they are called as an impeachment court, they are expected to analyze the evidence under the terms of the constitution,” he said.

Mr. Tapia said prosecutors must also demonstrate that constitutional and procedural requirements are met to prevent technical problems from framing serious allegations.

Eric Daniel C. de Torres, a political science professor at the University of the East, said the trial will not only test the Constitution but also the country’s political institutions.

“This is very important as it will again challenge the Constitution, the system and the entire process, and the whole country will be watching,” he said via Messenger.

Mr. de Torres said key issues include how the Senate resolves procedural questions, including who presides over the trial court and how the parliament’s judges end up voting.

He added that prosecutors would have to find a legal basis for the indictment and the credibility of their witnesses.

“At the end of the day, it’s also a technical battle of how they can come up with indictments and the credibility of their witnesses,” he said, adding that public opinion will also influence how the trial is ultimately won.

‘CRITICAL COMMUNITY’
The Senate is also grappling with unresolved procedural issues before the trial officially begins, including how to handle the absence of two judges from parliament and whether the constitutional requirement for a conviction by a two-thirds vote will be affected.

Paul Micah SA Francisco, who teaches political science at the University of Santo Tomas, said questions about voting could be another point of contention.

“The most interesting thing now is if both parties fail to reach the required number of votes,” he said. “Certainly, this will be an important debate within the Senate in the coming days. In fact, this could involve the Supreme Court.”

The presence of two senators has not yet been confirmed – suspended Senator Jose “Jinggoy” P. Ejercito Estrada, Jr., who is under arrest for graft, and Senator Ronald “Bato” M. dela Rosa, who is still at large following an arrest warrant related to the International Court of Justice’s investigation into Duterte’s anti-drug campaign.

Hansley A. Juliano, a political science lecturer at Ateneo de Manila University, said the unresolved voting issue could further test the political strategy of the Senate minority group.

“Can the pro-Duterte senators still be able to enter into their relationship, or will they be pressured to remain neutral to ensure that the public will vote for them again?” he asked.

Senate President Sherwin T. Gatchalian maintained that the constitutional requirement of 16 votes for conviction has not changed despite the uncertainty over the participation of the two senators. He also confirmed that he will preside over the trial court.

Mr. Juliano said the position of Mr. Gatchalian as president of the Senate makes him a suitable leader because he represents the institution instead of any political party.

Mr. Francisco, said the limited legal background of Mr. Gatchalian compared to other colleagues may invite criticism for procedural decisions, although he said the trial also gives the Senate leader an opportunity to strengthen his political standing.

President Ferdinand R. Marcos, Jr., said that the decision that Ms. Duterte will personally attend the trial rests with her and her lawyers, although she said that she would choose to appear if she was in the same position.

“It would be much easier to get to the bottom of everything if you could talk to the accused directly,” Mr. Marcos told a live press conference at the end of his four-day visit to Canada on Sunday, Manila time.

The appellate court scheduled 92 proposed trial days based on submissions from both sides, including 62 days requested by the House prosecution and 30 by the opposition.

Mrs. Duterte faces four counts of impeachment for misappropriation of private funds, unexplained wealth, bribery and indecent threats against Mr. Duterte. Marcos, First Lady Marie Louise “Liza” Araneta-Marcos and former Speaker Ferdinand Martin G. Romualdez. He denied these allegations.