Former Supreme Court associate justice Antonio Carpio said any motion to dismiss filed by Vice President Sara Duterte’s camp must first be tackled within the impeachment trial process, warning that granting such a motion could trigger a legal battle before the Supreme Court.

Carpio told reporters on Friday that the Constitution requires the Senate to proceed with the trial once it receives the Articles of Impeachment.

“The Constitution says that upon receipt of the Articles of Impeachment, trial shall proceed forthwith,” Carpio said.

He stressed that a motion to dismiss is not equivalent to a trial and argued that dismissing the case outright could be challenged before the Supreme Court.

“Because a motion to dismiss, if granted, will have the effect of acquittal,” he said.

Carpio said rulings on motions during the proceedings would initially fall on the presiding officer of the impeachment court, although any objection from senator-judges could result in the matter being put to a vote.

Voting threshold

He also urged senator-judges to rise above political affiliations and decide the case based on evidence.

“This case is very important, involving the second highest official of the land, and it should be treated with impartiality,” he said.

On the issue of the voting threshold, Carpio argued that suspended Sen. Jinggoy Estrada should not be counted in determining the number of senator-judges qualified to vote.

Citing Supreme Court rulings and provisions of the Plunder Law, Carpio said Estrada’s detention and suspension prevent him from exercising the functions of office.

“If you cannot hold office, you cannot vote,” he said.

Carpio said the constitutional requirement of a two-thirds vote should be based only on senators legally qualified to participate, although Sen. Ronald dela Rosa may still be counted because he has not been arrested or suspended.