Senate spox: Duterte camp may move to dismiss impeachment case

Vice President Sara Duterte’s next legal move could be a motion to dismiss her impeachment case, Senate impeachment court spokesperson Reginald Tongol said Wednesday.

According to Tongol, Duterte’s legal team is expected to file a motion to dismiss the case before the impeachment court, after submitting an entry of appearance ad cautelam at the Senate on Monday.

"That was one of the important developments — the filing of a formal entry of appearance, although it was filed ad cautelam," Tongol told reporters at a press conference.

"Ad cautelam means the party is not fully recognizing the jurisdiction of the court. They are filing it merely to comply with procedural requirements and to avoid waiving any of their rights or remedies,” he added.

“This kind of action is expected from the defense. By filing an appearance ad cautelam, they are likely preparing to submit either an answer with affirmative defenses — questioning the court’s jurisdiction — or a motion to dismiss due to lack of jurisdiction.”

The Vice President’s plea was signed by lawyers from the Fortun Narvasa & Salazar law firm, including Philip Sigfrid Fortun, Gregorio Narvasa II, Sheila Sison, Carlo Joaquin Narvasa, and several others, including DOJ Undersecretary Reynold Munsayac and Education Undersecretary Michael Poa.

In their filing, the lawyers stated they “respectfully enter their appearance as counsel” for Duterte “without prejudice to any jurisdictional and/or other objections that she may have in this case.”

Tongol emphasized that the defense intends to challenge the jurisdiction of the impeachment court — a position consistent with Duterte’s pending petition before the Supreme Court.

“She wants to ensure that her petition before the Supreme Court is not rendered moot because if they submit themselves to the jurisdiction of the impeachment court, there would be nothing left for the Supreme Court to decide,” he said.

“So, in order to protect their legal position and preserve their arguments both in the impeachment court and in the Supreme Court, they filed an appearance ad cautelam, and will likely follow with a motion to dismiss or an answer with affirmative defenses,” he added.

To recall, Duterte’s camp filed a petition for certiorari and prohibition in February before the SC, asking to declare the articles of impeachment against her null and void.

Duterte’s defense team has until 23 June to respond to the Senate’s summons, while House prosecutors have until 30 June to submit their reply.

Should the Vice President’s defense team choose not to respond, Tongol said the Senate’s impeachment rules still allow the trial to proceed.

“Under the Senate impeachment rules, the impeachment process will continue even if the respondent does not file an answer. The prosecution panel will still present its evidence, but the respondent is deemed to have waived their right to submit a defense before the impeachment court,” he explained.

Duterte was impeached by the House of Representatives on 5 February, with 215 lawmakers — more than two-thirds of its members — voting in favor.

If convicted by the Senate, Duterte would be removed from office and barred from holding any future public position. Conviction requires a two-thirds vote — or at least 16 out of 24 senators.