Drilon warns vs ‘second envelope’ crisis in VP trial
Former Senate President Franklin Drilon warned that attempts to conceal evidence in the upcoming impeachment trial of Vice President Sara Duterte could lead to public backlash and create political instability in the country.
In a statement on Friday, Drilon said the “greatest risk” facing the country today is the possible failure of the impeachment process against the Vice President, recalling the events that ended the impeachment trial of former President Joseph Estrada.
He recounted that during Estrada’s trial in 2001, senator-judges voted 11-10 against opening the so-called “second envelope” that was believed to contain more damning evidence regarding his alleged P3.3-billion secret bank account.
‘Jose Velarde’
The first envelope was not suppressed by the senator-judges. It contained documents pertaining to a secret account in the then Equitable-PCI Bank under Estrada’s alias, Jose Velarde. The bank’s senior vice president testified that she saw Estrada himself sign the account documents in that name.
Drilon was one of the 10 senator-judges who voted to open the second envelope, but they were narrowly outvoted by the 11 others.
The impeachment court’s decision prompted the prosecution team to walk out in protest. That triggered large rallies against Estrada and ignited the “Edsa 2” uprising, which forced him to leave Malacañang and for then Vice President Gloria Macapagal-Arroyo to take his seat.
Estrada’s ouster happened quickly. On Jan. 20, 2001, he and his family left the Palace through the backdoor—across the Pasig River—just four days after the impeachment court voted on the second envelope on Jan. 16.
Public outrage
Drilon, who sat in two impeachment trials during his 24 years as a senator, said the decision to not open the second envelope caused public outrage because it was widely viewed as an attempt to hide evidence.
Should there be any attempt to suppress facts during Duterte’s impeachment trial, the former lawmaker warned that it might provoke another public backlash similar to what happened in the Estrada trial.
“That prompted an instability which resulted in the change of government. That is what we have to look out for. That is what our senators should be conscious about,” he said.
“The people would not stand for hiding the truth. In an impeachment trial, the public would like to know the truth, and attempts to hide the truth will not be accepted by our people,” the former Senate President said.
Drilon noted that given how fast information spreads through social media, it was now much more difficult for lawmakers to shape public opinion compared to before.
“That is why we should be careful, because in my opinion, when the people will notice that there is an attempt to hide the truth, especially for personal and political ends, I cannot predict what the people will do,” Drilon said.
Preparations
Senate Secretary Renato Bantug confirmed on Saturday that the impeachment trial would open on July 6, as announced after Thursday’s first pretrial conference between the House impeachment prosecutors and Duterte’s defense lawyers.
He said in an interview with dwIZ radio that preliminary matters, stipulations of facts, simplification of legal issues, witness lists and estimates on the number of trial days needed by both parties had been discussed.
Preparations for security, media accommodations and room assignments ahead of the start of the trial are underway, he said.
Duterte is accused of misusing P612.5 million in confidential funds, bribing Department of Education officials to circumvent procurement rules, amassing unexplained wealth, and threatening to have President Marcos, first lady Liza Araneta-Marcos and former Speaker Martin Romualdez assassinated.
The evidence presented against her during the House justice committee hearings on the impeachment complaints included the statements of assets, liabilities and net worth (SALNs) of Duterte and her husband, and Anti-Money Laundering Council (AMLC) reports showing billions of pesos in covered and suspicious transactions.
Unopened BIR box
There is a still unsealed and unopened box from the Bureau of Internal Revenue (BIR) containing the tax returns of Duterte, her husband Manases Carpio, and their companies.
There were also Commission on Audit (COA) notices of disallowances, and an authenticated video of Duterte’s assassination threat.
Lawmakers pointed out that Duterte declared no cash on hand or bank deposits in her SALNs from 2019 to 2024 despite her net worth increasing to P88.5 million in 2024 from P55.6 million in 2019.
They also cited AMLC reports showing 663 covered and suspicious transactions involving Duterte and her husband amounting to P6.77 billion, including P4.4 billion in inflows and P1.5 billion in outflows, which lawmakers said appeared inconsistent with her financial disclosures.
Exempt from secrecy
The House justice committee deferred opening the sealed BIR box, leaving its contents for possible examination during the impeachment trial.
Because impeachment proceedings are exempt from bank secrecy protections, the Senate impeachment court may examine bank records and other financial documents that could shed light on allegations of unexplained wealth and discrepancies in Duterte’s financial disclosures.
Carpio had filed a complaint against AMLC officials and several lawmakers over alleged violation of bank secrecy and privacy laws. This was dismissed by the court.
Bantay Senado convener and spokesperson Cleve Arguelles said his group is concerned not just about the possible concealment of evidence, but about “any action that undermines the truth-seeking function of the impeachment trial proceedings.”
Bantay Senado is a coalition of civil society groups, students, lawyers and concerned citizens who will monitor the upcoming impeachment trial.
“Whether through the suppression of documents, refusal to present relevant evidence, procedural maneuvers, or efforts to limit transparency, such actions would erode public confidence in both the trial and the Senate as impeachment court,” he said in a Viber message to the Inquirer.
Arguelles said the most important outcome of the impeachment trial “is not necessarily the confirmation of any particular allegation but the public clarification of unresolved questions.”
He called for “clear answers” on the issues raised in the articles of impeachment.
Arguelles said the public should have “the opportunity to see the evidence examined openly and confidence that the Senate’s verdict is grounded on facts rather than political calculations” during the trial. —WITH A REPORT FROM INQUIRER RESEARCH
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