VP asks SC: Junk House MR on impeach case

MANILA, Philippines — The legal team of Vice President Sara Duterte has filed its comment on the motion for reconsideration lodged by the House of Representatives before the Supreme Court, which seeks to overturn an earlier SC ruling declaring her impeachment case unconstitutional.

Michael Poa, spokesman for Duterte and part of her 16-member legal team, said the opposition to the motion for reconsideration filed by the House was submitted on Monday, asking the SC to dismiss the MR for lack of merit.

In a 27-page comment, Duterte said the SC decision requires no factual correction, countering the House’s claim that the ruling was based on a misunderstanding of events, such as the archiving of the first three complaints and the transmittal of the fourth without a plenary vote.

She said it is “misleading” for the House to suggest that the SC based its ruling on a misapprehension of the sequence of events, stressing that the decision rested on substantive legal grounds, not “incidental sequential detail.”

She added that the fourth complaint was sent to the Senate without a plenary vote, as Speaker Martin Romualdez merely inquired if there were objections.

The Vice President also said the House’s reliance on supposed compliance with the timeline of inclusion in the Order of Business “cannot conceal its wholesale disregard for the rest of the requirements under the fundamental law.”

“Clearly then, the Decision was not based on wrong factual premises necessitating corrections. If at all, the respondent HOR’s assertion of alleged factual errors in the Decision underscores its failure to grasp the constitutional constraints governing the impeachment process and its own transgression of those limits,” her comment read.

Duterte further argued that the motion was “unauthorized and legally infirm,” since it was not approved by the plenary of the 20th Congress.

She also maintained that the House failed to raise valid grounds, as the issues it cited had already been resolved by the Court.

She agreed with the SC’s finding that the House made an “intentional effort” to avoid triggering the one-year bar rule, pointing out that the first three complaints were willfully neglected by not being referred to the proper committee.

The Vice President said the archiving of the first three complaints was correctly deemed as dismissal, which activated the one-year bar.

She also rejected the House’s claim that the new impeachment rules should apply prospectively, stressing that such principle “does not insulate the guilty parties from the consequences of its actions.”

In a 70-page motion for reconsideration filed through the Office of the Solicitor General yesterday, the House said it was not asking the SC to “favor any one political result,” but to allow Congress to perform the duties the Constitution requires of both its chambers – for the House to initiate an impeachment proceeding and for the Senate to try the case.

“In deference to the sub judice rule and out of respect for the judicial process, we will not be granting media interviews or issuing further statements at this time. We thank you for your understanding,” Poa added.

The High Tribunal, in a 13-0-2 decision, earlier ruled that the Articles of Impeachment – the complaint filed by the House against Duterte at the Senate last Feb. 5 – violated the one-year rule under Article 11, Section 3 of the Constitution, as well as Duterte’s right to due process under Article 3, the Bill of Rights.

Poa earlier stressed that Duterte’s legal team is ready “for any eventuality” or for whatever the SC decides. He also clarified that the defense team does not view the archiving of the impeachment case as vindication, as it continues to prepare for other pending cases against the Vice President.

Nineteen senators voted to archive the Articles of Impeachment against Duterte while awaiting the SC’s resolution of the appeals on its controversial ruling. Four senators–Minority Leader Tito Sotto, Risa Hontiveros, Francis Pangilinan and Bam Aquino–voted against the motion, while Sen. Panfilo Lacson abstained.

Poa maintained that since early February, Duterte’s legal team has been bracing for a full-blown impeachment trial. He added that the public should respect the SC’s decision.

He also said President Marcos was correct in asserting that the SC ruling on Duterte’s impeachment case “does not have a bearing on the rightness or wrongness” of the accusations against her. According to Poa, what the Vice President’s lawyers were questioning was the process of her impeachment.

House prosecutors optimistic

The House prosecution panel, however, expressed optimism that the SC may revisit its decision.

Antonio Audie Bucoy, spokesman of the House team, said the non-issuance of a “minute resolution” on the four motions for reconsideration filed separately by Akbayan, Makabayan, religious groups and former justices led by Antonio Carpio is a “good indication” that the tribunal may still conduct oral arguments.

“A minute resolution is usually issued within a minute of review when the motion has no legal basis. The fact that none was issued is a good development,” Bucoy explained over dZMM Radyo Patrol 630.

He maintained that the Senate’s reasoning in archiving the impeachment articles was flawed.

“Their factual premises are wrong. It is not also based on the impeachment rules of the House of Representatives and this is not also based on the first doctrine that was prevailing at the time the impeachment was initiated,” Bucoy said.

Bucoy emphasized that if the high court reverses itself and upholds the impeachment as constitutional, the Senate should comply.

“They cannot choose what to follow. If the SC reverses itself, they have to follow because otherwise it will be a big problem,” he warned.

He underscored that the SC only reviews questions of law, not facts, but expressed hope the case will be given due consideration.

“That is a good development, not only for us movants, but also good for the Constitution, jurisprudence and most of all for the country,” Bucoy added.

Amid the legal battle, Duterte continued her overseas engagements, traveling to Paris on Aug. 18 after a trip to Kuwait on Aug. 15. — Daphne Galvez