Prosecution Dismisses Free Speech Defense in Duterte Impeachment Case

Manila: The House prosecution panel on Saturday dismissed Vice President Sara Z. Duterte's defense that her alleged threat against President Ferdinand R. Marcos Jr. was protected by freedom of expression. They asserted that no constitutional right is absolute and emphasized that the Senate impeachment court should resolve the matter.

According to Philippines News Agency, House of Representatives trial spokesperson and Lanao del Sur 1st District Rep. Zia Alonto Adiong made these remarks after Duterte's camp claimed in its response to the impeachment tribunal that her statements were covered under free speech. Adiong, speaking during the Saturday News Forum at Dapo Restaurant in Quezon City, stated, "You know, all lawyers would agree that there's no such thing as absolute freedom. All freedoms are also subject to some regulation."

He further elaborated, "One cannot go around the streets accusing anybody of something without the necessary consequence of that action, either verbally or acted upon." In an online press conference in November 2024, Duterte claimed she had instructed someone to kill President Marcos, First Lady Liza Araneta-Marcos, and then-Speaker Ferdinand Martin Romualdez if an alleged plot against her succeeded. She later emphasized the seriousness of her statements, leading to congressional investigations and the inclusion of the remarks as one of the Articles of Impeachment approved by the House of Representatives.

Alonto Adiong asserted that the prosecution believes the alleged threats should be evaluated based on their impact on the intended targets rather than the context in which they were made. "It's not actually her utterance that should be focused on. It's the effect of that utterance on the person that is being threatened," he said. He also highlighted Duterte's own words as proof that the statements were intended to be taken seriously, noting, "She herself qualified the degree of threat by actually saying these words. Siya mismo ang nagsabi: 'no joke, no joke.'"

Adiong concluded that the court needs to assess the situation and determine whether the statements constitute a betrayal of public trust and high crimes, stating, "That's why we have forwarded this to the Senate, so that the Senate, acting as impeachment court, can actually and finally settle whether our claim in our allegation that this is indeed constitute betrayal of public trust, this would constitute high crimes."

In a separate matter, Alonto Adiong mentioned that the Senate impeachment court would decide whether former court sheriff Abe Andres, who was punched by Duterte during a 2011 demolition operation, must testify in her impeachment trial. Andres has requested to be excluded, citing the matter as "partisan political."

Alonto Adiong expressed understanding of Andres' reluctance, stating, "We understand the apprehension of Mr. Abe. That's a raw emotion dahil iyong na-experience po niya kay Vice President ay, for a person, it is not something worthy to relive, too." He explained that the prosecution complied with the court's directive by listing potential witnesses and evidence, leaving the decision to the impeachment court to issue subpoenas.

He emphasized that the impeachment proceedings should not be seen as partisan politics, as the Senate is fulfilling a constitutional duty. "The court is actually a non-partisan, non-partisan venue to discuss accountability mechanism of the constitution," he said.

The Senate impeachment court is set to begin trial on July 6 after completing pre-trial proceedings on June 25.