Vice President Sara Duterte’s impeachment trial is the third of its kind that the citizenry will witness under the aegis of the 1987 Constitution.

The articles of impeachment filed against President Estrada in November 2000 contained four primary charges: bribery, graft and corruption, betrayal of public trust, and culpable violation of the constitution. The Senate trial was aborted on January 16, 2001, when prosecutors walked out after a majority of senator-judges voted against opening a sealed “second envelope” believed to contain crucial bank records. This triggered the EDSA II protests, leading to his resignation.

The House of Representatives originally filed eight articles of impeachment against Supreme Court Chief Justice Renato Corona in December 2011. The Senate trial focused on three articles, centering on culpable violation of the Constitution and betrayal of public trust. He was charged with failure to accurately disclose to the public his Statement of Assets, Liabilities and Net Worth (SALN), and thereby hiding substantial peso and foreign currency deposits. On May 29, 2012, the Senate, sitting as an impeachment court, voted 20 to three to convict him.

VP Sara is the first incumbent Vice President to be impeached. Her impeachment triggered a change in leadership that removed Vicente ‘Tito’ Sotto III and installed Allan Peter Cayetano as Senate President. The latter’s incumbency was short-lived, lasting only from May 11 to June 3, or 24 days. Another Senate President, Sherwin Gatchalian, was elected last June 17, two weeks after he was voted as Senate President Pro Tempore in a two-step reorganization drama.

Eleven senators are participating in an impeachment trial for the first time: Gatchalian; Bam Aquino; Mark and Camille Villar; Robin Padilla; Risa Hontiveros; Bong Go; Imee Marcos; Raffy and Erwin Tulfo; and Joel Villanueva.

Eight senators are serving as senator-judges for the second time. They are Tito Sotto. Alan Peter and Pia Cayetano, Chiz Escudero, Ping Lacson, Loren Legarda, Lito Lapid, and Kiko Pangilinan.

Before the start of the trial, three senators were deemed unable to attend in person. Senators Jinggoy Estrada and Rodante Marcoleta are currently facing criminal cases in the Sandiganbayan, where the finding of probable cause led to the issuance of arrest warrants. Senator Ronald “Bato” Dela Rosa is the subject of an active arrest warrant issued by the International Criminal Court (ICC) for alleged crimes against humanity tied to the previous administration's drug war. He is currently considered in hiding after leaving the Senate premises in mid-May and remains at large.

VP Sara’s impeachment trial is the first to be conducted under close watch by social media- and tech-savvy citizenry that will act as keen observers. Both prosecution and defense panels have emphasized the need for utmost transparency.

The competence and skill of the Presiding Officer is key to ensuring smooth proceedings. At the start of the trial, the senator-judges elected Chiz Escudero, a move that was challenged unsuccessfully by the minority. The preceding impeachment trials were presided over by then Chief Justice Hilario Davide, Jr. and then Senate President Juan Ponce Enrile. The incumbent Senate majority asserted that they could install a Presiding Officer other than the incumbent Senate President, a non-lawyer. Thus, the trial podium is shared by both Gatchalian and Escudero.

Parenthetically, it bears pointing out that Senator Escudero is one of four lawyers in the Senate, aside from Senators Alan Peter and Pia Cayetano and Kiko Pangilinan.

Leading the House prosecution panel is Justice Committee chair Rep. Gerville ‘Jinky Bitrics’ Luistro. Her key associates include Rep. Leila de Lima, a former justice secretary and senator; and Rep. Chel Diokno, former Dean of the De La Salle Law School and chairperson of the Free Legal Assistance Group (FLAG), the country's oldest and largest nationwide organization of human rights lawyers.

Seasoned lawyers from three major private law firms — Kapunan and Castillo Law Offices, PECABAR Law, and SALiGAL Law — volunteered to assist the House prosecution team.

The Vice President’s defense team is headed by lead counsel Atty. Sheila Sison and lawyers from the Fortun Narvasa & Salazar law firm. The 16-lawyer panel includes Atty. Philip Sigfrid Fortun, Atty. Gregorio Narvasa II, Atty. Michael Poa, and Atty. Carlo Joaquin Narvasa.

From the spirited exchanges that characterized the opening session of the impeachment court last Monday, July 6, it could be expected that just like previous trials, it would be “characterized by a tense, highly polarized atmosphere that blends rigid judicial decorum with fierce political theater.”

The impeachment trial is a litmus test of democracy’s vitality.

This is a battle royale for hearts and minds. its real significance is in upholding the vital importance of accountability of high government officials. The framers of the Constitution wanted impeachable officers — such as the President, Vice President, Chief Justice and Justices of the Supreme Court — to be mindful that their conduct in office would be subject to utmost scrutiny.

Its outcome will also influence the dynamics of the 2028 national elections. Vice President Duterte will indubitably benefit from the big bounce likely to be produced by an acquittal. On the other hand, her opponents project that other than disabling her from running for President, conviction might spell the beginning of the end for the nascent Duterte political dynasty.

Montesquieu’s most famous quote on justice, which warns of the dangers of weaponized law, is from his seminal 1748 work, The Spirit of the Laws: “There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.”

For the ultimate benefit of the Filipino people, let such tyranny be put to rest by a fair and just impeachment trial.

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