House prosecutors push start of impeachment trial, say no basis for dismissal

By Pexcel John Bacon

THE House prosecution panel on Monday asserted that it is ready to proceed with the impeachment trial against Vice-President Sara Duterte-Carpio, while calling on the senator-judges to proceed with the July 6 trial.

In a press briefing, Batangas Rep. Gerville R. Luistro said that the 11-member prosecution has started preparations for the pre-trial and trial stages of the case.

“The 11 prosecutors are resolved. We will continue to proceed with the impeachment trial,” Ms. Luistro said in mixed Filipino and English.

Their preparations are anchored on the timeline previously released by the Senate leadership, which sets June 15 for the submission of the pre-trial brief, June 18 for the pre-trial conference, and July 6 for the start of the trial, she said.

“We do not have any official notices yet but nonetheless, our preparation is aligned to the timeline that was publicized by the Senate,” she said in mixed Filipino and English.

Ms. Luistro added that the prosecution’s pre-trial brief is ready, which will contain stipulations of admission, a list of witnesses, and evidence to be presented to the impeachment court.

“The only option is to proceed,” she added, saying that this is the duty of the 11 prosecutors as part of their constitutional mandate.

Ms. Duterte, through her legal counsel Michael T. Poa, on June 1 asked the Senate, sitting as a court, to dismiss the impeachment articles, asserting allegations against her were “substantively deficient.”

Party-list Rep. Jose Manuel I. Diokno said that the prosecution did not need to file a reply because there were no new factual allegations that needed to be answered in the defense’s response.

“The case cannot be dismissed immediately. The trial must come first before there can be a verdict,” he told the same briefing in Filipino.

Mr. Diokno added that the prosecution is ready to present evidence once the impeachment trial begins.

The House prosecution, through House Secretary General Cheloy Velicaria-Garafil, submitted their manifestation to the Senate on Monday, asserting that the Vice-President’s response focused on procedural, jurisdictional, and constitutional objections rather than a direct response to the charges.

The five-page filing, received by Senate Secretary Renato N. Bantug, Jr., also stated that Ms. Duterte did not directly address the main allegations of the impeachment, including the alleged misuse of P612.5 million in confidential funds, bribery, unexplained wealth, and grave threats.

According to the prosecution, there is no clear factual narrative that answers each article of impeachment.

The prosecutors also said that Ms. Duterte’s response appeared to be aimed at seeking a dismissal of the case before the trial even begins, which is not permitted under the Constitutional and Senate Rules on Impeachment Trials.

The House prosecution panel also called for the impeachment trial to proceed and not delay the process, as the Constitution requires it to be conducted “forthwith” or immediately.

Meanwhile, Ms. Luistro said the prosecution panel will only follow the Senate leadership that the House of Representatives recognizes.

“If the position of the House of Representatives is in favor of the legitimacy of the leadership of acting (Senate President Sherwin T.) Gatchalian, then it follows that we will follow that too as far as notices and orders are concerned,” she said in mixed English and Filipino.

Ms. Luistro also said that the Senate cannot function under an “interim administration” or dual leadership arrangement amid its internal leadership dispute, stressing that the Constitution does not allow multiple sets of officials performing the same roles in the impeachment court.

She said that it is “difficult to conceive” of a setup where there are two Senate presidents, two secretaries, and two clerks of court.

“The Constitution does not provide for interim administration,” Ms. Luistro said.