SARA DUTERTE IMPEACHMENT

Vice President Sara Duterte has formally moved for the dismissal of the impeachment case against her, arguing it is “void ab initio” due to a violation of the 1987 Constitution’s “one-year bar rule.” Her legal counsel submitted an “Answer Ad Cautelam” to the Senate impeachment court on Monday, June 23, the deadline for her response.

House Spokesperson Atty. Princess Abante confirmed that the House of Representatives received a copy of the document at 3:53 p.m. on Monday, delivered by a messenger from the Fortun, Narvasa & Salazar law firm, which is representing Duterte in the proceedings. The same firm also delivered the 35-page document to the Senate Secretariat, acting as the Clerk of Court, at 5:49 p.m.

Senate Secretary and Clerk of Court Renato Bantug Jr. explained that “ad cautelam” means the pleading is filed “with precaution” or “with caution,” suggesting the defense is reserving arguments while complying with the court’s order. Senate Impeachment Court spokesperson Atty. Regie Tongol further elaborated that such a filing typically signals an intent to question the court’s jurisdiction, aligning with a separate petition Duterte has filed before the Supreme Court (SC) challenging the impeachment process.

Duterte’s camp asserted in their answer that the impeachment complaint, elevated to the Senate, “must be dismissed” because it violates Section 3 (5) of Article XI of the 1987 Constitution. This provision explicitly states that “no impeachment proceedings shall be initiated against the same official more than once within a period of one year.”

This argument directly contradicts the House of Representatives’ stance. On June 11, the House adopted a resolution certifying that the impeachment proceedings against Duterte fully complied with constitutional requirements. Some House members supporting the complaint have previously contended that the one-year ban only “kicks in” after an impeachment complaint is “initiated” or “referred” by the House, as per House Rules. The Office of the Solicitor General, representing the House, stated in March that none of the earlier three complaints against Duterte were referred to the justice committee, thus not activating the one-year bar.

Duterte was given until June 23 to respond to the Articles of Impeachment sent to her by the Senate impeachment court on June 12. In her reply, she entered a “not guilty” plea and sought the case’s dismissal, asserting that there are “no articles of impeachment presently with this Court” as the Senate had reportedly returned them to the House on June 10 following an ally’s challenge to the process.

She reiterated arguments from her pending Supreme Court petition, claiming the House violated the one-year bar by impeaching her in February through a fourth petition, arguing proceedings began in December with the filing of three prior complaints. Duterte insisted that the delayed referral of these complaints was a deliberate attempt to circumvent the one-year bar.

The impeachment complaint against Vice President Duterte cites grounds of betrayal of public trust, culpable violation of the Constitution, bribery, graft and corruption, and other high crimes. She faces accusations of plotting to assassinate President Ferdinand Marcos Jr., misusing confidential funds, bribing government officials, and involvement in extrajudicial killings in Davao City.

In her answer, Duterte countered these allegations, stating that the complaint lacks “statements of ultimate facts” and is “nothing more than a scrap of paper” without its “factual” and legal conclusions. She dismissed alleged threats against the President as “exaggerations and speculations that are not supported by evidence” and denied any “contract to kill” as unproven. Regarding confidential funds, she argued “no final decision exists” on the illegality or unconscionable nature of her handling.

“Considering all the foregoing, the Vice President enters a plea of not guilty, without waiving any of her jurisdictional and other objections over the charges,” the reply read, respectfully praying for the affirmative defenses to be resolved first, followed by the dismissal of the Fourth Impeachment Complaint dated February 5, 2025. Her Supreme Court petition seeks nullification of the impeachment complaints and a temporary restraining order (TRO) to halt proceedings in both the House and Senate.