Vice President Sara Duterte was told she could still secure a possible dismissal of the impeachment complaints against her if she attends the House Committee on Justice hearing on 25 March and presents her defense, a key lawmaker said.

Committee chair Rep. Gerville Luistro of Batangas urged Duterte on Sunday to attend and present her evidence and witnesses, saying her participation could still influence the outcome.

“It is better for our vice president to participate so she can present her evidence and witnesses, which will be considered in determining whether probable cause exists,” Luistro said in a TV interview.

She added that Duterte’s appearance could even increase the chances of the complaint being dismissed.

“Because right now, there is a chance it could be dismissed in the determination of probable cause. There is a chance that at least one-third of members on the floor will not support it,” she said.

But Luistro warned that Duterte’s failure to directly address the allegations could allow the complainants’ evidence to stand unchallenged, raising the likelihood of a finding of probable cause.

Preliminary probe

Luistro described the upcoming hearing as a “mini-trial,” following the panel’s earlier ruling that the third and fourth impeachment complaints were sufficient in substance.

She said the proceedings would resemble a preliminary investigation, where lawmakers assess whether the evidence warrants moving forward.

“If she doesn’t counter, what happens to the evidence of the complainant? It will be unrebutted, in which case, there’s a possibility that there is probable cause,” Luistro said in a TV interview.

On 18 March, the Justice Committee ruled that Duterte’s answer to the complaints was sufficient in form. The response, submitted “ad cautelam,” was criticized by some lawmakers as a “non-answer.”

During the 25 March hearing, Duterte may present witnesses, evidence and memoranda.

Under Section 9 of the Rules in Impeachment Proceedings, if the committee finds probable cause, it will submit a report and a resolution containing the Articles of Impeachment.

At least one-third of the members of the House of Representatives must vote to approve the Articles of Impeachment before the case is transmitted to the Senate for trial.

But for Bicol Saro Partylist Rep. Terry Ridon, the House is unlikely to face difficulty in securing the required votes to impeach Duterte if the impeachment complaints reach the plenary, citing earlier sufficiency-in-substance votes that already showed broad support.

Ridon noted that the 25 March proceedings will initially tackle preliminary matters, including the resolution of motions, issuance of subpoenas, and setting of guidelines for the presentation of evidence.

Among the motions to be taken up is the issue of custody involving alleged Duterte bagman Ramil Madriaga, as well as requests for documents and witnesses related to the complaints.

Subpoenas may cover key records such as Statements of Assets, Liabilities, and Net Worth, tax and bank documents, corporate records, and reports from the Anti-Money Laundering Council, along with other pieces of evidence tied to the allegations.