Removal from office and disqualification from holding public position must go together under the Constitution upon an impeachment conviction.
House lead prosecutor and Batangas Rep. Atty. Gerville “Jinky Bitrics” Luistro stressed this point as she rejected the possibility of a compromise that would allow Vice President Sara Z. Duterte to run for public office if convicted in her impeachment trial.
In a radio interview, Luistro addressed unverified speculation circulating on social media suggesting that Duterte’s camp might agree to a conviction in exchange for retaining eligibility for future elections.
She cited Article XI, Section 3(7) of the 1987 Constitution, which dictates that judgments in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines.
Luistro argued that the constitutional provision explicitly uses the conjunction “and” rather than “or” which means both penalties must be applied together once a conviction is handed down.
“Maliwanag sa ating Saligang Batas na penalty is removal and hindi naman sinabing or, removal and perpetual disqualification to hold any public office,” Luistro said.
“Hindi po or ang ginamit, ang sinabi po and. Ibig sabihin, removal plus disqualification, perpetual disqualification to hold any public office,” she also said.
She emphasized that perpetual disqualification, as interpreted by the prosecution, would bar a convicted official from running for or holding any public office across all government levels.
“‘Pag sinabi nating perpetual disqualification, ibig sabihin hindi na siya pwedeng tumakbo, simula sa barangay level hanggang sa presidential election. That’s the meaning of it,” Luistro said.
The House prosecution team is currently pursuing Article II, the remaining impeachment charge involving alleged unexplained wealth, incomplete asset disclosures, and questionable financial transactions.
Three other articles concerning confidential funds, grave threats, and bribery were previously withdrawn to streamline and shorten the trial proceedings.
The prosecution has presented bank, tax, insurance, and corporate records, alongside forensic testimony identifying nearly P818 million in alleged unexplained wealth involving Duterte and her husband, lawyer Manases “Mans” Carpio, from 2022 to 2025.
Duterte’s defense team is scheduled to begin presenting its evidence when the Senate impeachment trial resumes on Nov. 9.