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MANILA, Philippines — With Vice President Sara Duterte having filed her answer to the impeachment complaint, the House prosecution has five days to respond before the impeachment court.
Prosecution spokesperson Antonio Bucoy said on Tuesday, June 24, that although the deadline falls on Saturday, they are ready to file their reply as early as June 27.
The prosecution, he added, will also lay out its position on Duterte’s answer, including her claim that the complaint breaches the constitutional rule limiting impeachment proceedings to once a year for the same official.
Bucoy called out the inconsistency in Duterte’s answer ad cautelam, saying it makes little sense to ask for the complaint’s dismissal while denying the impeachment court’s jurisdiction.
An ad cautelam is a legal pleading or filing made as a precaution by the defendant who does not recognize the court’s jurisdiction over a case.
“Humihingi ka ng relief from the court, humihingi ka ng decision from the court, pero hindi mo naman kinikilala ‘yung kapangyarihan. You have to submit to the authority of the court,” Bucoy said.
(You're asking the court for relief, you're asking for a decision, but you're not even recognizing its authority. You have to submit to the authority of the court.)
Insufficient explanation
What is even more lacking in Duterte’s 35-page answer ad cautelam, he said, is the explanation why they do not recognize the impeachment court’s jurisdiction.
The vice president only elaborated on arguments already laid out before:
- The articles of impeachment were remanded to the House and should not be in the Senate’s hands.
- The impeachment violated the Constitution.
- The proceedings cannot carry over to the next Congress, making the complaint invalid.
“Kung mag-enter ka ng appearance at pa-file ka ng answer, make it categorical. Kung kini-question mo ang kapangyarihan, sabihin mo kung bakit,” Bucoy said.
(If you’re entering an appearance and filing an answer, make it categorical. If you’re questioning the authority, then say clearly why.)
“You resort to procedure when you cannot respond to the substance of the complaint,” he added.
The prosecution, however, expected such a response from the vice president, since Duterte herself has petitioned before the Supreme Court to declare her impeachment null and void through alleged procedural flaws or technicalities.
Dismissal has no justifiable reason
In her answer, Duterte dismissed the articles of impeachment as a mere “scrap of paper.” But for Bucoy, this is ironic. If that were the case, why respond at all?
He said Duterte has “no justifiable reason” to seek dismissal without trial, stressing that the Senate’s constitutional duty is to try and decide on impeachment cases, not to dismiss them without looking at the evidence.
Any move to dismiss the case should come only after evidence has been presented, Bucoy said. He added that the defense's responses to each article of impeachment were merely conclusions, lacking actual evidence.
“Kakulangan nila ‘yun; hindi nila sinagot ‘yung factual allegations. On our part, we will proceed and address the factual issues,” he said.
(That’s their shortcoming; they didn’t respond to the factual allegations.)
Despite his contentions, Bucoy said the prosecution will trust the impeachment court’s judges “to do the right thing.”
According to Bucoy, Duterte’s filing of an answer ad cautelam is still a positive step, as it indicates that the impeachment trial will proceed.
“Ngayon, regardless of the defect nung answer, dahil nga ad cautelam, ... we welcome this dahil uusad na tayo ngayon,” Bucoy said. "Matutuloy para sa prosecution dahil sumagot siya, matutuloy ang trial."
(Now, regardless of the defect in the answer, since it’s ad cautelam, … we welcome it because this means we can now move forward. The trial will continue for the prosecution because she answered, tre trial will proceed.)
The prosecution will also ask the impeachment court to set trial dates to ensure proceedings will continue.
“‘Yun ang aasahan natin (That is what we hope for),” he added.
