VP Sara Duterte Enlists Father as Legal Counsel: A Masterstroke or Ethical Quandary?

By Louis ‘Barok‘ C. Biraogo – December 31, 2024

THE father-daughter duo no one saw coming: Sara Duterte, beleaguered by impeachment complaints, has called on Rodrigo Duterte, her fiery and battle-hardened father, to fight alongside her in the legal trenches. But as this alliance takes shape, it’s not just familial bonds under scrutiny—it’s the delicate balance of power, ethics, and law in a nation already brimming with political tension. The drama begins here.

The Legal Landscape: Can Duterte Legally Represent His Daughter?

Legally, the elder Duterte’s move is permissible. Under Rule 138 of the Philippine Rules of Court, any person admitted to the bar and in good standing may practice law. The Integrated Bar of the Philippines (IBP) confirms that lawyers can represent family members, provided they meet professional requirements, such as completing Mandatory Continuing Legal Education (MCLE).

As a former prosecutor and a lawyer of nearly five decades, Duterte’s credentials are unquestionable. His ability to use the law as both a shield and a weapon is well-documented, from his years in Davao City to his presidency. However, being a family member of the accused adds layers of complexity that cannot be ignored.

The Duterte Conundrum: Law, Ethics, and Public Opinion in a Unique Situation

The Code of Professional Responsibility requires lawyers to maintain impartiality, avoid conflicts of interest, and uphold public trust in the legal profession. Duterte’s involvement in his daughter’s defense could strain these principles.

Conflict of Interest:
While not a legal bar, Duterte’s dual role as a father and counsel raises concerns about objectivity. Could his personal investment in his daughter’s fate cloud his professional judgment?
Appearance of Impropriety:
Even if there is no direct ethical violation, the optics are damaging. This could be perceived as an attempt to leverage Duterte’s influence to shield Sara Duterte from accountability, undermining public confidence in the legal system.
Potential for Bias in Proceedings:
Duterte’s past as a powerful figure could sway lawmakers or judges consciously or unconsciously. His involvement may also embolden critics who view the Philippine judiciary as pliable to political pressures.

The Case for Duterte’s Involvement: A Strategic Advantage?

For the Dutertes, this move is a tactical masterstroke. Rodrigo Duterte’s unparalleled experience in navigating legal and political minefields could be a boon to Sara’s defense.

Legal Expertise:
Duterte’s legal acumen and familiarity with judicial processes could strengthen his daughter’s case. His tenure as president provided him with deep insights into governance and law—knowledge he could wield effectively in court.
Political Savvy:
Duterte remains a polarizing yet influential figure. His involvement could rally his loyal base, creating a groundswell of public support that might pressure lawmakers to tread cautiously in impeachment proceedings.
Precedents:
There are no precedents explicitly prohibiting a parent from defending their child in court. If anything, this move could set a precedent for high-profile legal defenses involving family members.

Broader Implications: The Rule of Law and the Future of Philippine Politics

This case is not just about the Dutertes; it’s a litmus test for Philippine democracy.

Separation of Powers:
The impeachment process is a legislative tool to check executive abuse. Allowing a former president to influence proceedings directly, even as counsel, risks blurring lines between branches of government.
The Duterte Legacy:
Rodrigo Duterte’s involvement could cement the Duterte family’s dominance—or hasten its decline. If Sara emerges unscathed, it will underscore the family’s resilience. Conversely, a loss could erode their political capital irreparably.
Judicial Independence:
This case places the judiciary under the microscope. Will it resist the potential sway of Duterte’s influence, or will it succumb to public and political pressure? The world is watching.

Recommendations

For all concerned parties, navigating this controversy requires balancing personal interests with public duty:

For Rodrigo Duterte:
Duterte must ensure strict compliance with legal requirements, including updating his IBP membership and MCLE certification. He should also delegate aspects of the defense to other legal experts to mitigate perceptions of undue influence.
For Vice President Sara Duterte:
She must be transparent about her defense strategy, emphasizing her legal rights while addressing public concerns about accountability.
For the House of Representatives:
Lawmakers must ensure the impeachment proceedings are conducted with utmost impartiality and transparency, safeguarding the process’s integrity.
For the Judiciary:
Judges must adhere strictly to the rule of law, resisting external pressures to ensure a fair and impartial trial.

The Duterte Legacy: A Pivotal Moment in Philippine Politics

Rodrigo Duterte’s decision to defend his daughter is more than a legal maneuver—it’s a microcosm of a political culture where power is often a family affair. As the nation watches this high-stakes drama unfold, one question looms: will this move solidify the Dutertes’ grip on power, or will it mark the beginning of their undoing? In the end, the real verdict may come not from the courts but from the people—and history itself.