Vice President Sara Duterte’s legal team may be gearing up to seek the dismissal of her impeachment case, but House prosecutors said Thursday that such a move would be unconstitutional.

San Juan Rep. Ysabel Zamora, a House prosecutor, emphasized that under the 1987 Constitution, once articles of impeachment are transmitted to the Senate, only two outcomes are allowed: conviction or acquittal. A motion to dismiss is not among the options.

“We have said it many times, there is no motion to dismiss an impeachment case. Wherever they are getting this from, we believe that it is not in accordance with the law, especially with the Constitution,” Zamora said partly in Filipino in an interview. “This is not a case that we can move to dismiss.”

This came in response to reports that Duterte’s defense, led by the Fortun Narvasa & Salazar law firm, is preparing to file a motion for dismissal on grounds of lack of jurisdiction.

While Duterte’s legal team has already filed an entry of appearance ad cautelam—essentially a procedural safeguard—Senate impeachment court spokesperson Reginald Tongol said it suggests they may challenge the court’s authority to try the case.

Duterte has until 23 June to file a formal response to the Senate impeachment summons. Failure to do so would be taken as a plea of not guilty, according to Zamora.

“If she does not appear or file a response, the trial will proceed as if there’s a plea of not guilty, in accordance with the Senate’s rule,” Zamora averred. 

Back to the sender

The Senate impeachment court earlier remanded the articles of impeachment back to the House shortly after it convened, citing the need for additional documentation.

Specifically, the Senate asked for certification that only one impeachment complaint has been filed within a year, as per Article XI, Section 3 of the Constitution. It also requested a manifestation from the yet-to-convene 20th Congress that it will pursue the case.

House prosecutors pushed back, saying they had already complied with all constitutional and procedural requirements, and labeled the Senate’s actions as potentially disruptive to inter-parliamentary courtesy.

Senate killing trial

House prosecution spokesperson Antonio Bucoy pulled no punches in accusing the Senate of wilfully dismissing the impeachment case without a trial proper, citing its “lame excuses” — from the congressional recess for election period that allegedly halted the Senate from convening as a court to the purported loopholes in the articles of impeachment.

“I’m second-guessing that, and I think I’m correct—they are opening the path to a dismissal without trial. Everything points towards that direction,” the seasoned litigator and human rights lawyer said in an interview on Thursday.

Bucoy also criticized the conditions set by the Senate to proceed with the trial proper, arguing that it cannot dictate the entire House, a co-equal branch.

“You don’t do that. That’s why they have inter-parliamentary courtesy, and this one breaks that tradition. Very unusual,” Bucoy pointed out.

Moreover, Bucoy said there is no way to file the certification because the other condition requires manifestation of the 20th Congress of the House, which does not exist yet.

The House of Representatives deferred the acceptance of the remanded impeachment complaint, maintaining that they had “fully and strictly” complied with the rules and procedures concerning the impeachment. 

They asserted that the fact that the transmitted impeachment complaint was verified, certifying the same is simply unnecessary. 

House prosecutors pledged to comply with the marching orders of the Senate impeachment court, but after it issued a clarification on the said directive. 

Senate President Chiz Escudero, the presiding officer, has maintained that the prosecution panel is bound to accept the remanded impeachment complaint because the Senate and the House are not equal when it comes to impeachment. Hence, any orders given by a court must be complied with.

Duterte was the first second-highest official impeached by the House on grounds of graft and corruption, bribery, betrayal of public trust, culpable violation of the Constitution, and other high crimes. 

The seven articles of impeachment were primarily anchored on the supposed misappropriation of P612.5 million in confidential funds allocated to her office and the Department of Education during her tenure as its secretary, as well as her alleged kill plot against President Marcos Jr.’s family.

VP Duterte has long denied corruption allegations involving her confidential funds. She likewise asserted that her assassination remarks against former ally-turned-foe Marcos were merely taken out of context.