When the rules bend, accountability breaks

PoliticsOpinion
20 Oct 2026 • 12:05 AM MYT
The Manila Times
The Manila Times

One of the longest-running English broadsheets in the Philippines

When the rules bend, accountability breaks

THE Senate may explain each procedural shift, but together they risk turning impeachment from a constitutional trial into a test of political trust.

If a referee lowered the winning score after play had begun, rearranged the sequence of the game, and then erased points one side still wanted to contest, the crowd would not call it procedure. It would call it manipulation. That is the danger now facing the Senate. The issue is not whether impeachment is a valid constitutional weapon. It is whether a trial that keeps altering its operating rules can still command public trust.

That danger shadows the impeachment of Vice President Sara Duterte. Her office is often dismissed as a spare tire, symbolic more than decisive. Yet the political energy spent on weakening its occupant tells a different story. Since the governing alliance began fracturing in 2023, investigations, public confrontations and institutional pressure have steadily accumulated around someone repeatedly described as electorally disposable.

That does not make every inquiry illegitimate. Public officials must answer serious allegations. But in a bitter political case, accountability depends as much on the visible fairness of the process as on the seriousness of the charges. When institutions converge on a political rival, they must prove their independence through consistent rules, transparent decisions and restraint. Good intentions are not enough. The process must look worthy of the power it exercises.

This impeachment is already twice cooked: a second effort after the first proceedings collapsed, with familiar allegations returning to the national table. Repetition does not prove guilt, and an earlier procedural defeat does not prove innocence. It does raise the standard. A reheated case needs cleaner rules, not looser ones; stronger safeguards, not more discretion.

The first shift is the winning score. The trial opened with a ruling requiring 16 votes for conviction. In September, the Senate replaced that fixed threshold with a formula based on senators legally and factually capable of participating. With 20 participating senators, conviction would require 14 votes. Lawyers may debate the theory. Citizens will see the optics: the number needed to convict fell while the trial was under way. Even if defensible, a moving threshold looks less like constitutional interpretation than political calibration.

The second shift is sequencing. To be precise, presenting Article IV first was authorized before trial; it was not invented midway. But order matters. The announced sequence placed the most dramatic allegations first, allowing threat claims and financial accusations to dominate public attention before the defense could present its own full case. In impeachment, procedure does not merely organize evidence. It shapes the political story.

On July 29, the court kept the arrangement requiring prosecutors to finish their evidence before the defense began its presentation. Cross examination allowed challenge, but challenge is not the same as an affirmative defense. Witnesses, documents and a coherent counter-narrative arrive later. In a public trial, timing is not neutral. First impressions harden into political fact long before formal judgment is reached.

Then came the third shift. On Oct. 13, Day 39, prosecutors withdrew three articles and kept only unexplained wealth. Their explanation was efficiency: the remaining case, they said, was enough. But the withdrawn allegations had already enjoyed the authority of public hearings, headlines and repetition. The defense objected that the accusations had been broadcast under the dignity of the court while its opportunity to answer them through a full presentation was taken off the table.

The point should not be overstated. The defense can still contest the remaining article, and withdrawal does not prove the abandoned allegations to be false. But it creates a serious fairness problem: accusation without adjudication. Charges aired in solemn proceedings now hang in public memory without a verdict. A press conference cannot replicate the authority, structure, or visibility of courtroom vindication.

The fourth shift concerns public cost. On June 2, 2026, Senate President Sherwin Gatchalian said the Senate spent about P25 million a day on salaries, utilities and operations while sessions were stalled. That was not an audited claim that each impeachment hearing created P25 million in new expense. Still, the point had force because it tied public money to legislative paralysis.

Sen. Panfilo Lacson now rejects applying that figure to impeachment, distinguishing regular Senate operations from trial expenses. The distinction is fair. But it cannot end the inquiry. If institutional cost mattered when criticizing inaction, it should matter when measuring impeachment’s opportunity cost. Publish the incremental expenses, explain the accounting and account for displaced legislative work. The real question is not the exact daily bill. It is whether the Senate can justify the public value of the time and attention consumed.

That opportunity cost is not abstract. The country needs a credible budget, with priorities tested and safeguards strengthened. It also needs visible preparation for El Niño: irrigation, water security, agricultural support and coordination before shortages worsen. Pagasa has warned that the ongoing event could persist into the first half of 2027. A government serious about resilience must show the same urgency for food security and climate stress that it shows for political combat.

After 39 days, the Senate’s burden is no longer simply to decide the vice president’s fate. It is to defend the legitimacy of the process it controls. Narrowing the case may save time, but it cannot erase allegations already aired under the authority of the court. One procedural move can be explained. Several, in sequence, create a damaging impression: that the rules bent as the politics shifted. Accountability cannot mean wounding an opponent first and justifying the process later. If the Senate changed the ballgame, it must now prove the score is still worth trusting.

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