THE House prosecution panel will oppose any attempt to dismiss the impeachment case against Vice President Sara Z. Duterte, arguing that the Senate’s impeachment rules contemplate only a trial followed by either conviction or acquittal.
“To be moved or request towards the dismissal of the impeachment complaint, io-oppose namin ‘yun,” lead prosecutor and Committee on Justice Chair Gerville “Jinky Bitrics” Luistro of Batangas said during a press conference on Monday.
Luistro made the statement when asked how the prosecution would respond if Duterte’s answer or subsequent pleadings sought the dismissal of the impeachment 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’s position is based on the Senate’s own impeachment 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 pointed out.
According to Luistro, the impeachment rules are clear on the process that should follow once the Senate convenes as an impeachment court.
“Ang sinasabi lamang po ng Senate rules on impeachment, trial. And after trial, the judgment is either conviction or acquittal,” she stressed.
The Batangas House leader said any pleading that effectively seeks to terminate the proceedings before trial would be challenged by the 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,” Luistro said.
The prosecution panel has repeatedly argued that the Constitution requires impeachment proceedings to move forward “forthwith” and that the Senate’s role as an impeachment court is to hear the evidence and render judgment on the charges.
The Articles of Impeachment accuse Duterte of misuse of confidential funds, unexplained wealth, bribery, and issuing threats against President Ferdinand R. Marcos Jr., First Lady Liza Araneta-Marcos, and former Speaker Ferdinand Martin G. Romualdez.
The House prosecutors have said they are prepared to proceed with the next phase of the case and are awaiting official notice from the Senate impeachment court regarding the conduct of pre-trial proceedings and the start of trial.
