Senate impeachment court spokesperson Reginald Tongol on Wednesday said Vice President Sara Duterte’s next possible legal move would be to seek the dismissal of her impeachment case.
According to Tongol, Duterte’s defense team is expected to submit a motion to dismiss the case before the impeachment court after it filed an entry of appearance at the Senate impeachment court on Monday.
“That was one of the important developments — the filing of a formal entry of appearance, although it was filed ad cautelam.
Ad cautelam means the party does not yet fully recognize the jurisdiction of the court. They are filing it merely to comply with procedural requirements and to avoid waiving any of their rights or remedies,” he told reporters at a press conference.
“This kind of action is expected from the defense. By filing an appearance ad cautelam, they are likely preparing to submit either an answer with affirmative defenses — questioning the court’s jurisdiction — or a motion to dismiss the case due to lack of jurisdiction,” he said.
The Vice President’s plea was signed by her lawyers, mostly from the law firm of Fortun Narvasa & Salazar, namely, Philip Sigfrid Fortun, Gregorio Narvasa II, Sheila Sison, Carlo Joaquin Narvasa, Roberto Batungbacal, Justin Nicol Gular, Lindon Miguel Bacquel, David Ronell Golla VII, Maria Selena Golda Fortun, Claraine Radoc, Francesca Marie Flores, Miguel Carlos Fernandez, Michael Wesley Poa, Reynold Munsayac, Mark Vinluan and Ralph Bodota.
In the letter, the lawyers said they “respectfully enter their appearance as counsel” for Duterte “without prejudice to any jurisdictional and/or other objections that she may have in this case.”
According to Tongol, Duterte’s defense team intends to challenge the jurisdiction of the impeachment court when it filed ad cautelam, which he said was aligned with their pending petition before the Supreme Court.
“She wants to ensure that her petition before the Supreme Court is not rendered moot because if they submit themselves to the jurisdiction of the impeachment court, there would be nothing left for the Supreme Court to decide,” he said.
“So, to protect their legal position and preserve their arguments both in the impeachment court and the Supreme Court, they filed an appearance ad cautelam, and will likely follow with a motion to dismiss or an answer with affirmative defenses,” he added.
To recall, Duterte’s camp filed a petition for certiorari and prohibition in February before the SC to declare the articles of impeachment against her null and void.
Duterte’s defense team has until 23 June to respond to the summons issued by the Senate impeachment court, while the House prosecutors have until 30 June to submit their reply.
Should the defense choose not to respond to the summons, Tongol said the Senate impeachment rules provide that the impeachment trial will still proceed.
“Under the Senate impeachment rules, the impeachment process will continue even if the respondent does not file an answer. The prosecution panel will still present its evidence, but the respondent is deemed to have waived their right to submit a defense before the impeachment court,” he said.
Duterte was impeached by the House of Representatives on 5 February, with 215 lawmakers — more than two-thirds of its members — voting in favor.
If convicted by the Senate, Duterte would be removed from office and disqualified from holding public office in the future.