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Duterte office to challenge COA disallowance order before Supreme Court: Poa

Vice President Sara Duterte speaks to her legal counsel outside the Quezon City Regional Trial Court, September 5, 2026. Maria Tan, ABS-CBN News 

MANILA — Vice President Sara Duterte will question the Commission on Audit’s (COA) disallowance order for P73 million in confidential funds, defense spokesperson Michael Poa said on Thursday, saying that the second-in-command’s camp had “anticipated” the decision.

“We will raise this before the Supreme Court via a petition for certiorari,” Poa told reporters on the sidelines of the impeachment trial.

“To us we will just face it head on. Hindi naman tayo nawawalan ng legal remedies sa COA resolution na ito,” he said.

Poa declined to further comment, saying he has yet to read a copy of the COA decision.

 The COA upheld its ruling for the OVP to return some P73 million in confidential funds used for the supposed payment of rewards, tables, chairs, desktop computers and printers that could have been sourced from the agency’s regular budget.

Counsel for prosecution Lorna Kapunan earlier said that Duterte’s camp could only challenge the COA’s decision if they allege grave abuse of discretion.

The prosecution will ask the Senate impeachment court to include in its evidence the COA’s recent ruling, she said.

CONVICTION THRESHOLD 

Meanwhile, Poa said that he has also yet to read Senators Christopher “Bong” Go and Robin Padilla’s Supreme Court petition, which questions the constitutionality of the Senate impeachment court’s decision that the two-thirds vote required to convict Duterte would be based on the number of senators who are “capable of participating” instead of the full 24 members. 

“Parati naman tayo nagpapasalamat sa lahat ng tao na sa tingin nila ay pagkakamali,” the defense spokesperson said.

“Nagpapasalamat naman tayo sa lahat ng taong sumusuporta sa ating posisyon na nilahad natin sa oral arguments natin,” he said.

During the oral arguments on the voting threshold last month, Poa argued that the constitution clearly states that the two-thirds threshold needed to convict an impeachable official clearly refers to all 24 members of the Senate, unless a senator is removed from the chamber due to death, resignation or expulsion. 

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