Impeachment court expects VP Sara’s defense team to file motion to dismiss

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Impeachment court expects VP Sara’s defense team to file motion to dismiss

Victoria Tulad,

ABS-CBN News

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Vice President Sara Duterte and the Senate impeachment court. Maria Tan, ABS-CBN News and Senate PRIB/File

MANILA — The impeachment court is expecting the defense team of Vice President Sara Duterte to file a motion to dismiss as her answer to the summons issued to her by the impeachment court.

This was after the defense team submitted an appearance ad cautelam on June 16 to the impeachment court. Ad cautelam means taking extra steps to prevent potential problems or risks. 

“Kung ayaw kong sumagot sa specific na complaints sa akin, maghahain ako ng motion to dismiss. Talaga pong tactic ng ano yan, ng defense na magfa-magfile ng motion to dismiss. Usually po isa yan sa mga arsenal para huwag kaagad magpatuloy ang proceeding sa korte kasi po kukuwestiyunin ang hurisdiksyon," Reginald Tongol said.

According to Tongol, a motion to dismiss will still be in line with the petition for certiorari and prohibition filed by Duterte before the Supreme Court. 

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“Ayaw niya pong ma-moot at mabalewala yun. Kasi pag nag-subject na po sila sa hurisdiksyon ng impeachment court, wala na pong dedecidan ang Korte Suprema. So para po makasiguro sila hindi nila mabalewala yung kanilang inihaing petisyon, at hindi rin nila ma-waive yung mga gusto nilang gawin dito sa impeachment court, ay magfa-file po sila ng ad cautelam appearance at possibly motion to dismiss or answer with affirmative defenses,” he explained.

“Based on experience po, parang equation po yan sa ating litigation process, parang equation po. Pag sinabi mo one plus one, alam mo na kaagad na two yun. So ganoon din po dito, pag nag-file ka ng ad cautelam, alam mo na agad na yun yung possible tactic ng depensa,” he remarked.

The defense has until June 23 to give its answer, while the prosecutors have until June 30 to reply.

If the defense chooses not to submit any answer, then the prosecution will not have to comment on anything. 

The impeachment process will also still continue, according to Tongol.

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