Impeachment proceedings vs. VP Sara may begin in March —Luistro

House committee on justice chairperson Rep. Gerville Luistro said Friday that the start of the proper hearing in the impeachment proceedings against Vice President Sara Duterte may be held in March instead of April if the vice president does not submit her reply to the allegations.

The committee served its notice to the vice president on Thursday, directing her to reply to the two impeachment complaints within 10 calendar days.

Since the March 15 deadline falls on a Sunday, Luistro said it will automatically be moved to March 16.

If the vice president will not submit an answer, then the earlier April 8 schedule of possibly holding the hearing may be moved to March 17 or 18, she added.

"The legal implication of that is that it will be considered as a general denial. It is considered that the allegations contained in the complaint are denied by the respondent. That is in the event that she doesn't file an answer to the impeachment complaints," Luistro said in an online interview Friday.

"Well, somehow it will expedite the process kasi kung walang answer (if there's no answer), there is no reason to file a reply. And if there is no reply, there is no reason to file a rejoinder. So in other words, the period of 10-3-3, a total of 16 days, if on the 10th calendar day to file an answer, eh wala talagang sagot, masho-shorten 'to (there's no answer, it will be shortened). Mawawala na yung period to file a reply and to file a rejoinder (There will no longer be a period to file a reply and a rejoinder). And we will immediately proceed to the determination of the existence of sufficient ground that supports the impeachment complaint," she added.

At this stage, Luistro said, the House Committee on Justice can also receive evidence.

"If there are affidavits and counter-affidavits, they need to be sworn in as well before the justice committee. When all of these are complete, that is the time that we will be determining whether or not there's sufficient ground that supports the impeachment complaint. If the answer to that is yes, then we proceed to step four," Luistro explained.

"Our step four is the hearing proper, where we will invite the complainants, witnesses and even the respondent. We will be hearing the oral testimony of the parties before the justice committee," she stated.

Luistro also said she sees no problem in securing the bank records of the vice president.

"Definitely, no. We should understand that one of the exceptions or the exception to the bank secrecy law is impeachment cases," Luistro said.

In case VP Duterte does not submit an answer, she will still be invited to appear at the hearing proper.

"We will still invite her. Even if she doesn't file a reply to the impeachment complaints, an invitation will still be issued to her for the purpose of our hearing proper. But then again, if she doesn't come, again, this is part of her due process. This is the same interpretation to the answer. If she doesn't appear in the hearing, it will be interpreted as her waiver to be present during the hearing proper," Luistro said.

After the hearing, the determination of probable cause will come.

"If the committee report says there is probable cause, and this is approved by at least one-third of all the members of the House, it means that the transmittal of the impeachment complaint or the Articles of Impeachment to the Senate is already warranted," Luistro explained.

When asked what would happen if the vice president questions the panel proceedings before the Supreme Court, Luistro replied, "We cannot stop anyone from going to the Supreme Court at any stage of the impeachment proceeding. But I think everybody will agree to my statement that the justice committee has been very, very cautious in complying with the rules of impeachment of the House, the decisions of the Supreme Court, and even our Constitution."

"Kahit may petition, kung wala namang (Even if there's a petition and there's no) temporary restraining order, the Justice Committee will simply proceed to its impeachment process," she added.—LDF, GMA Integrated News