Lawmakers: VP Sara Duterte free to choose father as lawyer
MANILA, Philippines — There should be no issue with Vice President Sara Duterte having her father, Rodrigo Duterte, as her lawyer in any legal cases she might deal with, the chairperson of the House Quad Committee said on Thursday, December 26.
“I don't see any problem with that. It is the vice president's decision as to [the legal counsel] she will choose,” Rep. Robert Ace Barbers (Surigao del Norte, 2nd District) said in an interview with TeleRadyo.
He also said it is well within anyone's rights, when facing a trial, to choose their legal counsel. However, the Duterte patriarch may also face criminal charges for his drug war's extrajudicial killings, as the House mega panel recommended. The Department of Justice is already building the case.
“Well, it is the right of anyone facing a trial, especially an impeachment trial, to choose their lawyer who will defend them, and that is guaranteed not only by the Constitution but also by the rules of our Congress,” he said in a mix of English and Filipino.
Section 12 of the Bill of Rights states that “Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice.”
The House good government committee’s chairperson, Rep. Joel Chua (Manila, 3rd District), shared a similar view.
“That is her Constitutional right to choose a counsel of her choice,” Chua told Philstar.com in a message.
Sara announced that her father would be joining her legal team on Wednesday, December 25.
Why VP Sara may face trials
Chua’s committee has been investigating the alleged misuse of public funds by the Office of the Vice President (OVP) and Department of Education (DepEd) under Sara’s leadership.
The good government panel has since discovered anomalies in the OVP’s and DepEd’s acknowledgment receipts, which were submitted to the Commission on Audit (COA) to justify confidential fund use.
These receipts amounted to millions of pesos. From the last quarter of 2022 to the first three quarters of 2023, the OVP spent P500 million in confidential and intelligence funds. Meanwhile, DepEd spent P112.5 million.
For the Philippine Statistics Authority (PSA) to certify that most names listed as confidential fund recipients lack birth records has only fueled lawmakers' suspicions.
RELATED: No record of 60% of 677 alleged DepEd confidential fund recipients — PSA | More 'Mary Grace Piattos'? Over 1,300 recipients of OVP’s confidential funds lack records — PSA
The committee’s findings have been cited in three impeachment complaints filed against Sara, all arguing that the alleged mishandling of funds constitutes a betrayal of public trust and a reason to remove her from office.
On top of the impeachment complaints, the National Bureau of Investigation (NBI) has also launched a probe into Sara’s alleged death threats against President Ferdinand “Bongbong” Marcos Jr., the First Lady, and House Speaker Martin Romualdez.
Which stage are the complaints at
No impeachment complaint has been included in the House of Representatives' order of business yet. The lower chamber has 10 days from the receipt of each complaint to include them in the order of business.
Since the first impeachment complaint was filed on December 2, only nine session days have passed, as Congress typically holds sessions from Monday to Wednesday.
The lower chamber suspended its regular session on December 18 and will resume on January 13, 2025.
By then, the impeachment complaints are expected to be included in the order of business and later referred to the Committee on Justice to assess the grounds and probable cause before recommending further action to the plenary.
The Constitution requires one-third of the House members to vote in favor of a consolidated impeachment complaint for it to proceed to trial in the Senate.
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