Luistro: Impeachment verdict not subject to appeal

“The decision of the impeachment court on the verdict is not appealable. That is basic.”

That was the response of lead public prosecutor Rep. Gerville Luistro when asked whether Vice President Sara Duterte could still run for president in the 2028 national elections if she were convicted in her ongoing impeachment trial.

Luistro said there is no ordinary appeal or review that Duterte’s camp could seek from the impeachment court to overturn its final verdict. The Constitution grants the Senate the sole power to try and decide impeachment cases and provides for removal from office and possible perpetual disqualification from holding public office upon conviction.

Luistro noted, however, that the Supreme Court may still examine allegations of grave abuse of discretion amounting to lack or excess of jurisdiction.

She said the impeachment court has so far exercised due process and caution, citing its handling of the dispute over the two-thirds voting threshold.

“If they were this careful with the threshold vote, I anticipate it will double, it will triple, when it comes to their verdict vote,” she said.

Luistro pointed to the Senate’s decision to hear from amici curiae and allow both the prosecution and defense to present their positions on the threshold issue.

“I believe that the Honorable Impeachment Court exhausted all the necessary due process, all the necessary caution before they arrive at the proper interpretation of the threshold vote,” Luistro said.

On Wednesday, 23 September, senator-judges voted to apply the two-thirds requirement based on senators who were legally and factually capable of participating in the trial. The ruling resulted in a 14-vote threshold for conviction and seven for acquittal, based on 20 participating senators.

The defense has indicated that seeking relief from the Supreme Court remains a possibility.

Luistro’s remarks came in response to a claim by lawyer Jimmy Bondoc, a Duterte ally, that the Vice President could still run for president in 2028 even if convicted and disqualified.

“Even if she gets impeached, she will still run. Even if there is a disqualification, I think she will be allowed to run by the public,” Bondoc said.