No reason for SC to stop Sara Duterte impeachment, House prosecutor says

An impeachment prosecutor on Wednesday expressed belief that the Supreme Court should not order a halt to the impeachment proceedings against Vice President Sara Duterte.

"It is our humble submission na wala pong sapat na basehan ang Korte Suprema para mag-issue ng TRO (temporary restraining order) regarding the impeachment complaint," impeachment prosecutor and Batangas 2nd district Representative Gerville Luistro told reporters in an online interview.

(It is our humble submission that there is insufficient basis for the Supreme Court to issue a TRO regarding the impeachment complaint.)

Last Tuesday, lawyers from Mindanao and others asked the high tribunal to direct the Senate to cease and desist from conducting the impeachment trial, arguing that it is based on a defective complaint.

They also asked the SC to declare the Articles of Impeachment transmitted by the House of Representatives to the Senate as null and void.

Luistro rejected the petitioners' argument that the verification process of the impeachment complaint was flawed.

"'Yung verification po na kanilang kinukuwestiyon (The verification which they are questioning), it was followed word for word as written in the rules. So it is our humble opinion na there's nothing wrong with the verification. The Constitution gave authority to the Congress to promulgate its own rules. And in as far as the complaint is concerned, the verification, as written in the rules of the 19th Congress of the Philippines, was followed strictly," she explained.

The congresswoman denied allegations that the verification page was inserted after the impeachment complaint was transmitted to the Senate, saying all 215 members of the House of Representatives who endorsed the complaint on February 5 signed it before the House Secretary General in a caucus.

"Wala naman po sa batas na dapat ay merong prior notice for filing of impeachment complaint ang ating Bise Presidente. What is important, after the filing of the impeachment complaint, bibigyan po siya ng summons, bibigyan siya ng opportunity to file her answer (There is no law which requires prior notice for the filing of the impeachment complaint against the Vice President. What is important, after the filing of the impeachment complaint, she will be given summons, she will be given the opportunity to file her answer). And as a matter of fact, during the hearing, she can present her own evidence. That is what we mean by due process," she said.

An additional 25 congressmen later signed the impeachment complaint, bringing the total number of endorsers to 240.

As for the petitioners' claim that the 215 members of the House of Representatives could not have studied the impeachment complaint in a day and that it was railroaded, Luistro replied that they have studied the first three impeachment complaints and are familiar with the Articles of Impeachment as these were part of the hearings of the House Quad Committee and the House Committee on Good Government.

"No, hindi po 'yan railroaded kasi bagamat tahimik po ang Kongreso during that time, but since the three impeachment complaints were filed back in 2024, last year, nagkaroon na po kami ng individual evaluation nitong mga impeachment complaints na ito," Luistro said.

(No it was not railroaded. Even though Congress was silent during that time, but since the three impeachment complaints were filed back in 2024, last year, we conducted individual evaluations of these impeachment complaints.)

When asked if she had any message for the Vice President, Luistro said, "Ma'am, we believe in due process. Everybody, including the Vice President, is entitled to the right to due process."

"I hope that the Vice President will avail of the opportunity to present her side, to present her evidence during the impeachment trial," Luistro added.

As this developed, the Vice President has filed a petition for certiorari and prohibition with the SC, according to a report Wednesday by GMA Integrated News reporter Saleema Refran.

The petition, which was submitted to the high bench on Tuesday, seeks judicial intervention from the SC to uphold due process and raises serious legal and constitutional concerns.

Duterte has said that she is not contemplating resigning from her position yet after the House of Representatives impeached her.

While the impeachment court has yet to be convened, Duterte said at this early stage that she will not appear since, she said, it is allowed.

She has maintained that she welcomes the filing of impeachment complaints, as this would provide an opportunity to answer allegations hurled against her. — VDV, GMA Integrated News