MANILA - The prosecution panel is expecting Davao City Mayor Sebastian “Baste” Duterte to testify in the impeachment trial of his sister Vice President Sara Duterte as his absence may lead him to face contempt.
The Senate, convening as an impeachment court, issued a subpoena to the mayor to appear from Sept. 28 to 30, instructing him to bring records related to GenCorp Industries Inc.
GenCorp is one of the companies that the vice president declared on her statement of assets, liabilities, and net worth (SALN) in 2024 and 2025.
“The reason why we invited him is that he is the chairman of the HOPE (Head of Procuring Entity) and he decides, kung napupunta ba after a competitive bidding, ay kung legible ba, ay okay ba, kumabaga wala na bang conflict dito whatsoever with the companies na bibigyan ng kontrata,” prosecution spokesperson and Lanao del Sur Rep. Zia Adiong told reporters on Saturday.
'Sana dumating': Prosecution says prepared to question Baste Duterte
“Kung hindi dumating, the prosecution can consider moving for citing him in contempt,” lead prosecutor and Batangas Rep. Gerville Luistro said on DZMM.
“Pwede rin namang motu propio, i-exercise ng honorable impeachment court whatever action they wish to take, pwedeng another subpoena… Pwede rin namang on their own ay mag-issue sila ng contempt order,” she added.
Adiong said if the mayor would snub the subpoena, it would not affect their presentation of the case, specifically for the impeachment article on unexplained wealth.
He said they have strong evidence such as the vice president’s mismatched SALNs and corporate records and unexplained increase in net worth.
“Lahat ng ebidensyang ‘yan parang jigsaw puzzle ‘yan. Lahat ‘yan may sariling storya at may sariling kwento. It’s just a matter of bubuuin mo ‘yung buong picture para makita ng korte, ng taumbayan kung ano ‘yung alegasyon diyan sa unexplained wealth,” said Adiong.
Mayor Duterte said the city government and GenCorp had 19 contracts worth P33 million. None of the GenCorp documents, he said, had a “Duterte” indicated.
TWO-THIRD THRESHOLD REMAINS
Meanwhile, the prosecution maintained that the two-third threshold for conviction remains the same.
Baste: No ‘Duterte’ name in GenCorp documents for Davao City deals
The Constitution stated: “No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate."
Luistro stressed that what the impeachment court decided on was the phrase “all members of the Senate,” given that some senators are unable to attend the hearings.
“In-interpret lang po nila ‘yung phrase na all members of the Senate because of the extraordinary situation of its composition nowadays,” Luistro said.
“If we will be very literal doon sa sinasabi ng phrase na all members, hindi naman qinualify. Let’s us take also the use of the fraction two-thirds. Bakit kaya two-thirds ang ginamit ng Constitution? If it is really fixed at 16, they could have said 16,” the congresswoman added.
Senators Jinggoy Estrada and Rodante Marcoleta are detained for separate plunder charges. Senator Ronald dela Rosa has been in hiding amid an International Criminal Court arrest warrant. Senator Loren Legarda has been on medical leave.
The prosecution insisted that the court observed caution in making the decision as they came up with it after hearing the opinions of the amici curiae or friends of the court, who are retired Supreme Court justices.