HOUSE private prosecutor Atty. Benjamin “Jay” Tolosa Jr. has rejected proposals that Vice President Sara Duterte could be removed from office in the ongoing impeachment trial while still being permitted to seek future public office, stating such an arrangement has no foundation in the 1987 Constitution.
Tolosa emphasized that Article XI, Section 3(7) explicitly mandates that a conviction carries both removal from office and disqualification from holding any government post. “If an impeachable officer is found guilty, then she should suffer the penalties of removal and perpetual disqualification — there is no middle ground,” he said.
The legal consequence applies equally whether the conviction rests on one article or several. Tolosa confirmed that narrowing the case to Article II — the charge of unexplained wealth and inaccurate asset disclosures — does not alter the outcome the prosecution is seeking.
“You only need conviction on one article to secure both penalties: removal from office and perpetual disqualification,” he explained. The House team withdrew Articles I, III, and IV to streamline proceedings, but Tolosa clarified this does not imply a finding of guilt; the verdict and its consequences remain solely within the Senate impeachment court’s authority.
The issue carries heightened relevance because Duterte has been cited as a potential presidential candidate in 2028. Tolosa noted that the Constitution does not distinguish between disqualification for past or future candidacy — the penalty bars holding any public office unless legally overturned. Duterte’s defense has denied all allegations and will present its counter‑evidence when proceedings resume on November 9. Ultimately, the senator‑judges will decide both the verdict and its full legal effects in accordance with the fundamental law.
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