No dismissing Sara’s case, House prosecutors maintain

House prosecutors on Thursday pushed back against moves by the defense of Vice President Sara Duterte to dismiss her impeachment case, arguing that the Constitution permits only two outcomes once a trial begins: conviction or acquittal.

“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,” said San Juan Rep. Ysabel Zamora, a House prosecutor. “This is not a case that we can move to dismiss.”

Zamora cited precedent, noting that motions to dismiss have never been entertained once the Senate convenes as an impeachment court. Duterte’s legal team from Fortun Narvasa & Salazar has formally entered an appearance ad cautelam — a procedural move to avoid waiving jurisdictional objections, widely viewed as a prelude to a possible dismissal motion.

Senate impeachment court spokesperson Reginald Tongol said the Vice President’s defense must respond to the summons by 23 June, or risk the trial proceeding as if she had entered a not guilty plea.

The trial has hit a snag after the Senate returned the articles of impeachment to the House, asking for a certification that the charges do not violate the one-year bar on multiple impeachment filings under Article XI, Section 3 of the Constitution.

The Senate also asked the House to affirm its willingness to pursue the case in the incoming 20th Congress, which convenes on 28 July.

House prosecution spokesperson Antonio Bucoy accused the Senate of laying the groundwork for a dismissal of the case without trial, calling the conditions “lame excuses.”

“I’m second-guessing that, and I think I’m correct — they are opening the path to a dismissal without trial. Everything points toward that direction,” Bucoy said.

He also criticized the Senate’s demand for a certification from a yet-to-convene Congress, arguing that it breaks inter-parliamentary courtesy.