Sara Duterte Impeachment Trial: What’s Next on November 9 (Live Hub)

By Kuya Manzano · Updated: October 17, 2026

Vice President Sara Duterte’s defense is set to begin presenting evidence on November 9, 2026 before the Senate impeachment court, after the prosecution rested and narrowed the case to a single article on alleged unexplained wealth. This hub explains what happens next, which remedies (a demurrer to evidence or a mistrial motion) the defense may still raise, and logs each session day.

We will update this page after every hearing. For the full back story, from the House complaints to the prosecution resting, see our Sara Duterte impeachment trial timeline.

What happens on November 9?

On October 13, Presiding Officer Francis “Chiz” Escudero ruled that, with the prosecution having rested, “it is now the turn of the respondent to present their evidence in chief,” and set the defense presentation to start on November 9, 2026, Journal News reported. The court gave the defense 26 calendar days to prepare and kept its right to file remedies, motions or manifestations during the recess.

Two deadlines come first. The prosecution must file its formal offer of documentary and object evidence by October 23, and the defense then has 10 days from receipt to file comments and objections. The defense start date remains subject to the court’s ruling on that formal offer.

The November trial calendar released by the court, as reported by the Inquirer and Journal News:

Escudero said the court is ahead by 20 trial days but will lose eight in November because of the recess, budget hearings, the ASEAN Summit on November 16 to 18 and holidays. December dates will be set as needed, with an announcement expected in early November. He also reminded the defense of the five-day notice rule for witnesses and asked for an estimate of how many witnesses and trial days it will need.

What charges remain against VP Sara?

Only one. On October 13 the House prosecution withdrew Article I (alleged misuse of ₱612.5 million in confidential funds), Article III (alleged bribery of DepEd officials) and Article IV (alleged grave threats), leaving Article II on alleged unexplained wealth. The court accepted the withdrawal. According to Rappler, the withdrawal of the confidential funds and grave threats articles was with prejudice, meaning they cannot be refiled, while the bribery article was dropped without prejudice because no evidence on it was ever presented.

Article II accuses the Vice President of amassing wealth she did not declare in her Statement of Assets, Liabilities and Net Worth (SALN) and of having unlawful business interests, Philstar reported. Prosecution witness and financial forensic analyst Alexander Cabrera testified that the alleged unexplained wealth could reach ₱1.5 billion; the defense says his findings rest on false assumptions. Those are allegations under trial, not proven facts.

The defense’s reading is blunt. “After all that, where is the evidence?” the Vice President said in a statement after the withdrawal, according to The Philippine Star. The bribery article had already been dropped in early October; see our Day 33 report and our opinion column, A Shrinking Case Is Not a Stronger Case.

What is a demurrer to evidence, and could the defense file one?

A demurrer to evidence is a motion asking the court to dismiss a case after the prosecution rests, on the ground that its evidence is not enough, so the defense does not have to present its own. In ordinary criminal courts it is governed by Rule 119, Section 23 of the Rules of Criminal Procedure, and Rappler notes that if one is granted in this trial, it would lead to an acquittal.

Lawyer and law professor Maria Lulu Reyes told Rappler the defense “might move for, or file a motion or demurrer to evidence on article 2,” arguing that the prosecution’s case is anchored on Cabrera’s assumptions. That is an outside lawyer’s view; as of October 17 we found no report that the defense has filed one. The defense spokesperson, lawyer Michael Poa, has said the team is still consulting the Vice President on its next steps. It is also not settled how the Senate court would treat a demurrer, because criminal procedure rules do not automatically govern an impeachment trial.

Could there be a mistrial?

The word came from the defense itself. In her October 13 manifestation, lead defense counsel Sheila Sison argued that if the withdrawal is meant to cut short the defense so the court can go straight to judgment, “the resulting process would bear the unmistakable characteristics of a mistrial,” the Inquirer reported. Her point: the prosecution already presented witnesses on confidential funds and grave threats, and the defense was then told it may not rebut that testimony in court.

“That prerogative to withdraw an accusation is not the power to suppress its rebuttal on the part of the respondent,” Sison said, as quoted by Rappler. Escudero answered that “there is no mechanism within the rules to allow the presentation of evidence on an article or on a charge that will not be voted upon by the court.”

Commentary, not a ruling: retired Supreme Court Associate Justice Noel Gimenez Tijam wrote that denying the defense a chance to rebut evidence that stays on the record “would be a ground for mistrial,” and proposed either allowing rebuttal or expunging the prosecution’s evidence on the withdrawn articles, the Daily Tribune reported. On October 16, UNTV reported that senator-judges Bong Go, Joel Villanueva and JV Ejercito said they hope to hear the defense on the dropped articles.

Under the court’s rules as explained by Rappler, the parties cannot ask the presiding officer to reconsider his rulings; only a senator-judge can. Sen. Francis Pangilinan said he is open to revisiting the sub judice ruling. Poa said the defense is “not considering a certiorari at this point.”

What did lifting sub judice change?

On October 13 the court also lifted the sub judice rule on the three withdrawn articles, so both sides may now discuss them in public, subject to existing confidentiality and protective orders. Sison objected that dropping the rule midway could undermine the integrity of the proceedings, and that a public forum is no substitute for answering in the impeachment court itself. Separately, Ombudsman Jesus Crispin Remulla said on October 16 that his office is collating the confidential funds evidence “for proper filing, if necessary,” ABS-CBN News reported.

How many votes are needed to convict?

Fourteen, under the impeachment court’s September 23, 2026 ruling that “all the Members of the Senate” counts only senators legally and actually able to take part. The 1987 Constitution requires “the concurrence of two-thirds of all the Members of the Senate” (Art. XI, Sec. 3(6)); two-thirds of a full 24-member Senate would be 16. See our 14-vote rule explainer.

The Supreme Court did not approve that number. Its September 30, 2026 press briefer says it dismissed the petitions of Victor Rodriguez, Berteni Causing and Ernesto Francisco Jr. “on procedural grounds including lack of standing and prematurity.” That is not a ruling on the merits; read our report on the SC dismissal of the threshold petitions and how the trial went ahead without a TRO.

A conviction can only mean removal from office and disqualification from holding public office (Art. XI, Sec. 3(7)). An acquittal ends the impeachment case.

Session log (updated after every hearing)

Frequently asked questions

When does Sara Duterte’s defense start presenting evidence?

On November 9, 2026 at 10 a.m., subject to the court’s ruling on the prosecution’s formal offer of evidence, which is due October 23 (Journal News; Inquirer).

Which impeachment article is left?

Only Article II, on alleged unexplained wealth and SALN disclosures. Articles I, III and IV were withdrawn on October 13, 2026 (Rappler; Philstar).

Has the defense filed a demurrer or a mistrial motion?

Not as of October 17, 2026, based on the reports we checked. Lead counsel Sheila Sison warned of a mistrial in court, and an outside lawyer told Rappler a demurrer on Article II is possible (Inquirer; Rappler).

Did the Supreme Court approve the 14-vote rule?

No. It dismissed the petitions on procedural grounds, including lack of standing and prematurity, without ruling on the merits (SC press briefer, September 30, 2026).

Will there be trial on Bonifacio Day?

No. The court listed no trial on November 30, 2026 (Inquirer).

Related reading

• Sara Duterte impeachment trial timeline
• Votes needed to convict: the 14-vote rule
• SC junks threshold petitions on technical grounds
• Day 33: AMLC on the stand, bribery charge dropped
• Opinion: A shrinking case is not a stronger case
• Trial proceeds unless the SC issues a TRO

Sources

• Journal News, “Court sets Nov. 9 defense presentation after prosecution rests VP Sara case” (Oct 13, 2026): https://journalnews.com.ph/court-sets-nov-9-defense-presentation-after-prosecution-rests-vp-sara-case/ (checked Oct 17, 2026)
• Inquirer, “VP impeachment trial: Court releases November schedule” (Oct 13, 2026): https://newsinfo.inquirer.net/2322926/vp-impeachment-trial-court-releases-november-schedule (checked Oct 17, 2026)
• Inquirer, “Sison: Allowing withdrawal of impeachment raps leads to mistrial”: https://newsinfo.inquirer.net/2322814/sison-allowing-withdrawal-of-impeachment-charges-leads-to-mistrial (checked Oct 17, 2026)
• Rappler, live updates on the impeachment trial: https://www.rappler.com/philippines/vice-president-sara-duterte-impeachment-trial-updates-videos/ (checked Oct 17, 2026)
• Rappler, “After prosecution’s bombshells, what does Sara’s defense have?” (Oct 14, 2026): https://www.rappler.com/newsbreak/inside-track/after-prosecution-bombshells-sara-duterte-defense-team-moves/ (checked Oct 17, 2026)
• Daily Tribune, “Court risks mistrial with ruling” (Oct 14, 2026): https://tribune.net.ph/2026/10/14/court-risks-mistrial-with-ruling (checked Oct 17, 2026)
• The Philippine Star, “VP to House prosecutors: Where’s the evidence?” (Oct 15, 2026): https://www.philstar.com/headlines/2026/10/15/2563325/vp-house-prosecutors-wheres-evidence (checked Oct 17, 2026)
• Philstar.com, “Sara Duterte was told prosecutors might drop 3 impeachment charges” (Oct 16, 2026): https://www.philstar.com/headlines/2026/10/16/2563642/sara-duterte-was-told-prosecutors-might-drop-3-impeachment-charges (checked Oct 17, 2026)
• UNTV News, “Some senator-judges hope to hear the defense on the 3 dropped articles” (Oct 16, 2026): https://www.untvnews.com/news/some-senator-judges-hope-to-hear-the-defense-on-the-3-dropped-articles (checked Oct 17, 2026)
• ABS-CBN News, Ombudsman collating confidential funds evidence (Oct 16, 2026): https://www.abs-cbn.com/news/nation/2026/10/16/ombudsman-collating-vp-sara-confi-funds-evidence-for-proper-filing-if-necessary-1551 (checked Oct 17, 2026)
• Supreme Court, Press Briefer, September 30, 2026: https://sc.judiciary.gov.ph/press-briefer-september-30-2026/ (checked Oct 17, 2026)
• 1987 Constitution, Article XI: https://www.officialgazette.gov.ph/constitutions/1987-constitution/ (text checked Oct 17, 2026 via https://lawphil.net/consti/cons1987.html)
• Rules of Criminal Procedure, Rule 119, Sec. 23: https://lawphil.net/courts/rules/rc_110-127_crim.html (checked Oct 17, 2026)

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