House prosecution on VP Duterte's plea to dismiss impeachment case: Not the 'bloodbath' we expect

Vice President Sara Duterte holds a press conference with the media at the Office of the Vice President in Mandaluyong City on February 7, 2025. Maria Tan, ABS-CBN News 

MANILA — The House Prosecution Panel on Tuesday hit the recent move of Vice President Sara Duterte's legal team, which sought to dismiss her impeachment case for "violating the one-year bar rule" of the 1987 Constitution, saying it fell short to her "bloodbath" rhetoric.

Atty. Antonio Audie Bucoy, spokesperson of the House prosecution team, said Duterte is dodging the trial by focusing on technical issue rather than defending with facts.

“This is classic wagging the dog. Mas pinapalitaw na mas importante ang procedure kaysa sa constitutional law and substance. Ang importante rito ay ang katotohanan. Those who cannot address the substance rely on technical procedures—which is exactly what she did here" he stressed.

He also emphasized, this is not the "bloodbath" the House prosecution is expecting, as Duterte earlier uttered the remark in reference to what she claimed were "political prosecutions" she is facing.

Lawmaker blasts Sara Duterte for seeking ‘bloodbath’ in impeachment trial

“Hindi ito ‘yung bloodbath na inaasahan namin, pero itutuloy namin ang paglalahad ng ebidensya sapagkat mahalaga na malaman ng sambayanan kung ano ang sakdal,” Bucoy said.

This after Duterte submitted an Answer Ad Cautelam on Monday, June 23, wherein she has entered a "not guilty" plea in the impeachment complaint filed against her by the lower chamber.

She also argued that the case, which stemmed from her supposed confidential funds misuse and publicized alleged kill plot against President Ferdinand Marcos Jr., had violated a rule in impeaching officials under the Constitution.

Section 3 (5) of Article XI, 1987 Constitution states that "no impeachment proceedings shall be initiated against the same official more than once within a period of one year."

Duterte's camp also said the Senate had already returned the Articles of Impeachment to the House of Representatives, hence they claimed "there should be no reason for the issuance of Summons to compel the Vice President to answer the charges".

Bucoy said the reply had no "factual or legal grounds" and was just merely procedural.

“Those who cannot face the facts, those who cannot prove the substance of their defense, resort to procedure. Ang gusto namin factual at legal basis. Wala ‘yan sa sagot nila," he stated.

'IMPEACHMENT COMPLAINTS DIFFER FROM PROCEEDINGS'

Former lawmaker Neri Colmenares claimed Tuesday that impeachment complaints are not the same as proceedings, insisting the House did not violate the Constitution, contrary to what Duterte was arguing. 

"The Constitution says only one impeachment proceedings shall be initiated, and the fact that there are three complaints filed before, or four, or even 10, doesn't matter because that's what happened with Gloria Arroyo before," Colmenares explained in ANC Headstart.

Bucoy also echoed this sentiment, saying the three other complaints failed to reach the Committee on Justice.

He meanwhile said it is now up to Senate, sitting as an impeachment court, to act upon Duterte's Answer Ad Cautelam.

But he emphasized — the Vice President still seemingly refuses to recognize the impeachment court's authority.

Bucoy meanwhile said it is now up to Senate, sitting as an impeachment court, to act upon Duterte's Answer Ad Cautelam.

But he emphasized — the Vice President still seemingly refuses to recognize the impeachment court's authority.

“Ang ipi-nile po ni Vice President Duterte ay hindi reply kundi Answer Ad Cautelam. Ibig sabihin, hindi pa niya tinatanggap o kinikilala ang hurisdiksyon ng impeachment court,” he pointed out.

“Nag-file sila ng entry of appearance pero walang paliwanag kung bakit ad cautelam. Patuloy nilang hindi kinikilala ang hurisdiksyon ng impeachment court. So as if nag-file siya ng sagot, pero hindi niya kinikilala ang hurisdiksyon," he added.

House impeachment prosecutor ‘surprised’ by Ombudsman’s swift action on VP Duterte’s case

He questioned the logic of Duterte's legal team, saying it is seeking relief from a court it does not formally recognize.

Bucoy said the House prosecution team will still file a formal reply, due Saturday.

The panel is already preparing its set of evidences and will push for trial dates to be set after the pre-trial phase.

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