Proceedings of the House Committee on Justice on the impeachment complaints against Sara Duterte could resemble a “mini-trial,” with witnesses, affidavits and documentary evidence presented before lawmakers determine whether probable cause exists to elevate the case to the Senate.

Batangas Rep. Gerville Luistro, chairperson of the House Committee on Justice, said the hearings are designed to examine evidence in detail before deciding whether the complaints should move to the next stage of the constitutional process.

“I don't think that is possible. We can only shorten, puwede lang natin paiksiin ang proceeding ng Justice Committee, perhaps via a motion and vote to be raised by the Justice members themselves,” Luistro made the remark when asked whether the camp of Vice President Sara Duterte could skip the presentation of evidence and vote for probable cause if they believed the proceedings would not yield anything favorable for them and instead move to elevate the matter directly to the Senate.

Luistro said the proceedings could be shortened if members themselves move to close the hearings once they believe the evidence presented is sufficient.

“Halimbawa, overwhelming na and Justice members na mismo ang mag-raise ng motion, with the belief that the evidence presented is sufficient and overwhelming evidence already, more than the required quantum of evidence which is probable cause in step five, we are submitting the case for the determination of probable cause already,” she explained.

The lawmaker likened the panel’s role to that of a prosecutor conducting a preliminary investigation before filing a case in court.

“Kasi dito sa amin probable cause lang. That is why during our last interview, I was always comparing the proceeding before the Justice Committee to a preliminary investigation by a prosecutor. Kapag nakakita ka ng probable cause file mo na sa court and that court is the Senate but for the purpose of convicting or acquitting the respondent,” she said.

Luistro reiterated that the House is not the body that ultimately determines guilt.

“It is not the Justice Committee. It is not the House of Representatives. It is the Senate which is empowered either to acquit or to convict the respondent,” Luistro said.

Under the process, the committee first evaluates affidavits, counter-affidavits and other documentary submissions.

“If there are affidavits and counter-affidavits, they must be sworn in as well before the Justice Committee. Kapag kumpleto na ‘yan, the responsive pleadings and all the evidence, the Justice Committee shall determine whether or not there is sufficient ground that supports the impeachment complaint,” she said.

If the committee finds sufficient grounds, the proceedings move to the hearing stage where complainants and witnesses may testify.

“Dito na po natin makikita na mag-appear before the Justice Committee. Una ang complainants and then we have the witnesses. Of course, we will be inviting as well the respondent who is the Vice President,” Luistro said.

Luistro added that Duterte’s attendance during hearings is optional and forms part of her right to due process.

“Let us understand na ‘yung presence during the hearing proper is part of her due process. In other words, the prerogative belongs to her. Whether she wants to come or not to come, that is actually her options,” the panel chair said.

After the hearings, the committee moves to the critical stage where members vote on whether probable cause exists.

“Dito sa step five, mas mabigat na botohan ang magaganap,” Luistro said, explaining that while earlier stages require only a simple majority of members present, the determination of probable cause requires the majority of all members of the committee.

She added that the hearing stage is the best opportunity to fully present evidence before lawmakers decide.

“We are inclined to believe that this is the best opportunity para ilabas ang ebidensya. Because that is very significant for the members of the Justice Committee to decide the existence of probable cause,” she said.

The panel may also compel the submission of evidence if necessary.

“Ang Justice Committee ay pinagkalooban din ng batas ng power of compulsory process. Ito yung tinatawag natin na issuance of subpoena duces tecum if it pertains to relevant documents,” Luistro said.