Sara Duterte's grave threats case separate from impeachment trial — Tolosa

House prosecution panel legal spokesperson Atty. Benjamin Tolosa Jr. on Saturday said the arrest warrant issued against Vice President Sara Duterte in connection with her grave threats case is separate from the ongoing impeachment proceedings against her.

“Para sa’min, that’s a separate proceeding, judicial proceeding that’s different from the impeachment proceedings. Iba ang nature niyan,” Tolosa told reporters at a news forum.

(For us, that’s a separate judicial proceeding that’s different from the impeachment proceedings. It has a different nature.)

Tolosa was referring to the three counts of grave threats filed by the Department of Justice (DOJ) against Duterte over her remarks that she had hired an individual to kill President Ferdinand “Bongbong” Marcos Jr., First Lady Liza Araneta Marcos, and former House Speaker Martin Romualdez should an alleged plot against her succeed.

On Friday, the Quezon City Regional Trial Court Branch 98 ordered Duterte’s arrest after finding probable cause to hold her for trial.

On Saturday, Duterte posted bail of P120,000 per count, prompting the QC court to lift the arrest warrant against her.

“Sa criminal case, ang dine-determine diyan is if may criminal liability, dapat ba siya makulong o hindi. Dito naman sa impeachment proceedings, ang dini-determine is fitness to remain in office,” Tolosa said.

(In a criminal case, what is being determined is whether there is criminal liability and whether she should be jailed. In the impeachment proceedings, what is being determined is her fitness to remain in office.)

In a text message to GMA News, Tolosa reiterated that the criminal case and the impeachment trial are separate proceedings, “governed by different rules and standards, and serving different purposes.”

Tolosa explained that “neither takes precedence over the other,” noting that “the issuance of the warrant does not suspend the impeachment proceedings, nor should it determine the outcome of the impeachment case.”

He also stressed that the issuance of the warrant does not amount to a conviction.

“It only means that the court independently found probable cause to hold the Vice President for trial and to issue a warrant of arrest against her. As to whether the issuance of the warrant has any bearing on the merits of the allegations before the Impeachment Court, I would rather not comment because of the sub judice rule,” the lawyer said.

“As far as the impeachment trial is concerned, our position remains the same: the parties should be allowed to present their evidence, VP Sara should be given every opportunity to answer the evidence against her, and the senator-judges should decide the case based on the evidence properly presented before the Impeachment Court,” he added. — VBL, GMA News