Lawyers comprising the newly introduced batch of private prosecutors in the impeachment case against Vice President Sara Duterte on Monday said calls to dismiss the case before trial are premature, arguing that the prosecution has yet to present its evidence before the Senate impeachment court.

During a press conference at the House of Representatives, Atty. Mae Divinagracia said a motion to dismiss cannot be justified at this stage because the prosecution has not yet been given the opportunity to present its case.

"They cannot say that there is no evidence when the prosecution panel was not allowed the opportunity to lay out the evidence that it prepared," Divinagracia said.

She also challenged Duterte's defense panel to present its own evidence instead of focusing on procedural and technical issues.

"If they have evidence, why don't they show it? Why don't you disclose it and list it down?" she said.

Atty. Reynaldo Robles echoed the position, saying the defense's argument that there is no evidence "does not make any sense" because the impeachment trial has yet to begin.

"What they're saying that there is no evidence is really premature. We can only see it once a trial has been carried out," Robles said.

He added that the Constitution and the Senate impeachment rules contemplate only two possible outcomes after trial: conviction or acquittal.

"There are no provisions under the rules of the Senate and the Constitution that allows for the dismissal of the impeachment case without a trial," he said.

Mamamayang Liberal Rep. Leila de Lima likewise argued that dismissing the impeachment complaint before trial would violate both the text and intent of the Constitution.

She maintained that once the House of Representatives transmitted the articles of impeachment to the Senate, the chamber became constitutionally bound to conduct a trial and decide the case based on the evidence presented.

"The mandate of the Senate is to try and decide impeachment cases," De Lima said.