Unrebutted evidence may shape Sara impeachment, says House panel

MANILA, Philippines — Vice President Sara Duterte's failure to directly address impeachment allegations could led to a determination of probable cause, as evidence from complainants may go unquestioned, a lawmaker said.

House Committee on Justice Chair Rep. Gerville Luistro (Batangas 2nd District) urged Duterte to attend the panel's March 25 hearing and present her side.

"If she doesn't counter, of course, what will happen to the evidence of the complainant? It will be unrebutted, in which case, there's a possibility that there is a probable cause," Luistro said in an interview with ANC on Sunday, March 22.

'Mini-trial' stage

Luistro said the upcoming hearing would function as a "mini-trial" following the committee's finding that the third and fourth impeachment complaints were sufficient in substance.

She likened the proceedings to a preliminary investigation, where lawmakers assess whether there is probable cause.

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"It is better for our vice president to participate so she can present her evidence and witnesses, which will be considered in determining whether probable cause exists," she said in English

Luistro said Duterte's participation could also increase the chances of the complaint being dismissed.

"Because right now, there is a chance it could be dismissed in the determination of probable cause. There is a chance that at least one-third of members on the floor will not support it," Luistro added.

On March 18, the Justice Committee ruled that Duterte's answer was sufficient in form.

The response, submitted "ad cautelam," was described by some lawmakers as a "non-answer."

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What comes next after the hearing. During the March 25 hearing, Duterte may present witnesses, evidence and memoranda.

Under Section 9 of the Rules in Impeachment Proceedings, if the committee finds probable cause, it will submit a report along with a resolution containing the Articles of Impeachment.

At least one-third of the members of the House of Representatives must vote to approve the Articles of Impeachment before the case is transmitted to the Senate for trial.