Photo credit: Zia Adiong

With the impeachment trial of Vice President Sara Duterte set to begin on July 6, the House prosecution panel is standing by its position that the allegations against her involve more than just freedom of expression.

House trial spokesperson Zia Alonto Adiong said the Vice President cannot simply invoke free speech as a defense against the impeachment article accusing her of making threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and former Speaker of the House Martin Romualdez.

According to Adiong, the Constitution protects freedom of expression, but that protection has clear limits.

"Well, you know, the legal community is unanimous in saying that the freedom of expression is not absolute. It has certain limitations."

He stressed that there is a clear distinction between expressing an opinion and making what prosecutors consider a grave threat.

"And one of the limitations actually is not to use this as a way to threaten, make threats or grave threats against anyone, right? It’s not an opinion, it’s a threat."

The Vice President has reportedly argued that her statements are protected under freedom of expression. However, Adiong said the prosecution believes the issue goes beyond political criticism and centers on whether her public remarks crossed a legal line.

"So I don’t see if this is still covered under the freedom of expression because—opinion, as a way of expressing your sentiments, as covered by the freedom of expression, is actually acceptable. But when did grave threats become acceptable, right?"

He added that the prosecution views the free speech argument and the allegation of grave threats as two entirely different issues.

"It’s two separate issues. It’s not of the same type, and it should not also be taken— on the same footing."

Adiong said the Senate impeachment court should evaluate the allegation based on the actual statements made by the Vice President and the context surrounding them.

"Grave threat is a grave threat. It is not an— expression of opinion."

He also pointed to one of the allegations raised by the prosecution, saying Duterte herself supposedly mentioned having contacted someone who would carry out instructions if something happened to her.

"Just to be specific about the allegation of grave threats, in fact, the vice president herself said that she had contacted or at the very least, reach out to a possible assassin where she enumerated these names if something happens to her. This is now over words."

Despite the prosecution's position, Adiong acknowledged that it will ultimately be up to the defense to present its arguments and for the Senate impeachment court to determine how the statement should be interpreted.

"So I don’t know how the defense would present their case to convince the court. But that would up to the court to appreciate."

He maintained that the prosecution believes the Vice President's statements were clear and should be examined during the impeachment trial.

"As long as we are concerned, it’s very clear what the (Vice) President has said during the Zoom with the media. And it’s very clear that she had already made some understanding arrangement with the person that would be, that will carry out."

The Senate is expected to convene as an impeachment court on July 6, where the House prosecution panel and the Vice President's defense team will begin presenting their respective arguments.