House prosecutors submit complaint certification
The House prosecution panel submitted to the Senate impeachment court a certification affirming the validity of its complaint against Vice President Sara Duterte.
The filing, signed by lead prosecutor and 4Ps Rep. Marcelino Libanan, comes a day after Duterte filed her “ad cautelam” response seeking to void ab initio the impeachment complaint accusing her of culpable betrayal of the Constitution, plunder and betrayal of public trust for her alleged misuse of confidential funds and alleged assassination plot against Mr. Marcos.
In its certification, the House submitted an enrolled copy of House Resolution No. 2346, which affirmed that the impeachment proceedings endorsed by 215 House lawmakers on Feb. 5 adhered to Article XI, Section 3, Paragraph 5 of the 1987 Constitution, as well as the House Rules of Procedure in Impeachment Proceedings.
The said resolution was adopted in plenary on June 11, a day after the Senate ordered the remand of the articles of impeachment to the lower chamber.
Duterte camp’s response
The certification also maintained there is no legal basis to return the impeachment articles, citing a 2012 Senate impeachment court ruling on the trial of former Chief Justice Renato Corona.
Signed by then Senate President Juan Ponce Enrile, the 2012 decision upheld that impeachment complaints transmitted by the lower chamber are presumed legal and constitutional.
The prosecution likewise resubmitted its entry of appearance with a manifestation that fully recognized the jurisdiction of the Senate impeachment court, a position contrary to Duterte who is still questioning its jurisdiction.
The House also considered the Duterte camp’s response as an indication that the trial was well under way.
“[Duterte’s ad cautelam response meant] that we can now move forward … What’s important is that we proceed to pretrial, and proceed to trial,” said House prosecution team spokesperson Antonio Audie Bucoy.
An ad cautelam is a legal pleading questioning the court’s jurisdiction while still participating in the case, such as filing pleadings, as a precaution.
“This is not the bloodbath we were expecting. But nonetheless, we will continue presenting the evidence because it is important for the public to know what the accusations are,” he said.
Not being difficult
Also on Wednesday, House spokesperson Princess Abante denied the lower chamber was refusing any pleadings filed by Duterte’s camp.
“We have never rejected anything, we aren’t being difficult here. All we are following is the constitutional mandate to start the trial forthwith,” Abante said.
Escudero earlier called out the House panel’s “stubbornness” for “not accepting” the order, pleading, answer, and entry of appearance for Duterte’s impeachment trial.
Abante reiterated that the only reason the House rejected the entry of appearance was because the person who delivered the document to the House failed to clarify what it was all about.
She asserted that the House had already done its part in impeaching the Vice President as provided under the Constitution. —WITH A REPORT FROM MELVIN GASCON
