House prosecutors said they will oppose any attempt to dismiss the impeachment case against Vice President Sara Duterte, insisting that the Senate impeachment court must proceed to trial and render judgment.
Lead prosecutor and Batangas Rep. Gerville “Jinky Bitrics” Luistro said the Senate’s impeachment rules do not provide for the outright dismissal, remand, or clarification of the case once the chamber has convened as an impeachment court.
“To be moved or request towards the dismissal of the impeachment complaint, io-oppose namin ’yun,” Luistro said in a press conference.
Luistro, who also chairs the House Committee on Justice, made the statement when asked how prosecutors would respond if Duterte’s answer or later pleadings sought the dismissal of the complaint.
The House earlier impeached Duterte and transmitted the Articles of Impeachment to the Senate, which has already convened as an impeachment court.
Luistro said the prosecution panel’s position is anchored on the Senate’s own rules.
“I said it earlier that the Senate rules on impeachment does not speak about dismissal. The rules neither speak about remand nor about clarification,” she said.
She said the rules point to a trial, followed by only two possible outcomes: conviction or acquittal.
“Ang sinasabi lamang po ng Senate rules on impeachment, trial. And after trial, the judgment is either conviction or acquittal,” Luistro said.
The Batangas lawmaker said any pleading that effectively seeks to stop the proceedings before trial would be challenged by the House prosecution panel.
“So to your question, kung may motion to dismiss or if the allegations are tantamount to a motion to dismiss, we will definitely oppose that,” she said.
House prosecutors have repeatedly argued that the Constitution requires impeachment proceedings to move forward “forthwith” and that the Senate, sitting as an impeachment court, must hear the evidence and decide on the charges.
The Articles of Impeachment accuse Duterte of alleged misuse of confidential funds, unexplained wealth, bribery, and issuing threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and former Speaker Ferdinand Martin Romualdez.
The prosecution panel said it is ready to proceed with the next phase of the case and is awaiting official notice from the Senate impeachment court on the pre-trial proceedings and trial schedule.