EXPLAINER: Can impeachment articles be dismissed without trial?

Weeks ahead of the start of her impeachment trial on July 6, Vice President Sara Duterte has maintained that the Articles of Impeachment against her should be dismissed outright.

But is it possible for the case to be legally dismissed even before a trial takes place?

In Joseph Morong’s report in “24 Oras” on Monday, Duterte earlier told the Senate impeachment court that the Articles of Impeachment “suffer from fatal constitutional, procedural, and substantive facts.”

“They fail to satisfy the standards required by the Constitution and, accordingly, should be dismissed,” she said.

Duterte’s camp said they will wait for the Senate impeachment court’s decision before the trial begins.

“Ayan yung mga affirmative defenses, no. In any trial naman, kahit sa RTC, before the trial proper starts, a ruling must be made on the affirmative defenses. So we’ll see. That’s something that we should ask the impeachment court kung kailan affirmative defenses. We’ll just comply with whatever happens,” said Michael Poa, one of Duterte’s lawyers.

(Those are the affirmative defenses. In any trial, even in the RTC [Regional Trial Court], before the trial proper starts, a ruling must be made on the affirmative defenses. So we’ll see. That’s something that we should ask the impeachment court, as to when [they will rule on] the affirmative defenses. We’ll just comply with whatever happen.)

During the opening of the impeachment trial of then Supreme Court Chief Justice Renato Corona on January 16, 2012, his camp tried to block the trial against him.

They filed a motion for a preliminary hearing to let the court decide if the 1987 Constitution allows the complaint filed against Corona. However, the court ruled against the motion.

Then-Senate President and impeachment court presiding officer Juan Ponce Enrile stated that aside from a preliminary hearing not being in the rules, the Constitution stated that once the Senate receives a verified complaint, it must try the case until a verdict is reached.

“So kahit papaano, pagtingin sa atin, wala sa rules ‘yung early dismissal kasi ang focus dapat ay yung ebidensya. Kung nariyaan na ‘yung ebidensya, sa pananaw ng Senado dumaan na ito sa House of Representatives. Kung nariyaan na yung ebidensya ng prosecution, nariyan na ‘yung ebidensya ng depensa, bakit kailangan pang ipagpaliban gamit ang teknikalidad?” said UP College of Law associate dean Paolo Tamase.

(So somehow, the way we look at it, an early dismissal is not in the rules because the focus should be on the evidence. Since the evidence is already there, from the perspective of the Senate, this has already passed through the House of Representatives. If the prosecution's evidence is there, and the defense’s evidence is there, why do we need to delay it using a technicality?)

“So ‘yung procedure ng Senado tinutulak talaga ultimately doon sa pagpapalabas at pag-asses nung ebidensya sa impeachable officer,” he added.

(So the Senate’s procedure is ultimately pushing toward presenting and assessing the evidence against the impeachable officer.)

A former Supreme Court magistrate said a majority of the total number of senator judges is needed to rule on a motion.

“Resolving a motion requires only a majority vote. A motion to dismiss is also a motion. But if a majority will consider Sara’s answer as a motion to dismiss, the prosecution can question before the Supreme Court on the ground that the Constitution requires a trial upon receipt by the Senate of the Articles of Impeachment,” said former SC senior associate justice Antonio Carpio.

“A motion to dismiss, if granted, does not result in a trial,” he added.

Tamase said it is possible that the majority will rule in favor of the motion.

“Tama naman na pagdating doon sa Senado, ultimately ‘yung majority ang nagde-desisyon. So bagaman wala sa rules ng impeachment ‘yung pagdi-dismiss at this stage, and wala rin siya sa Constitution at sa practice ng Saligang Batas,” he said.

(It is true that when it comes to the Senate, ultimately the majority makes the decision. So although dismissing at this stage is not in the rules of impeachment, and it is also not in the Constitution or in constitutional practice.)

GMA News is reaching out to the senators for comment. — Vince Angelo Ferreras/JMA, GMA News