Manila: The 11-member House prosecution panel on Monday chose to file a manifestation rather than a reply to Vice President Sara Z. Duterte's answer to the articles of impeachment, arguing that her submission raises no factual issues that warrant a substantive response. House Secretary General Cheloy Garafil submitted the manifestation to the Senate, which was received by Senate Secretary Renato Bantug Jr. at 11:15 a.m. on Monday. Copies were likewise furnished to the Office of the Vice President and the law firm Fortun Narvasa and Salazar.
According to Philippines News Agency, in the five-page filing, the prosecution explained that the Vice President again resorted to raising procedural, jurisdictional, and constitutional objections before the Senate impeachment court, rather than presenting factual narratives supporting her general denial of the allegations. "Under the applicable rules, the allegations and defenses in the Answer are deemed controverted even without a Reply," the manifestation read. "More fundamentally, the Answer raises no material factual issue that requires a responsive pleading. It does not meaningfully engage the factual allegations in the Articles of Impeachment, but instead concentrates on procedural, jurisdictional, and constitutional objections directed against the continuation of the proceedings," it added.
Duterte faces four articles of impeachment involving the alleged misuse of PHP612.5 million in confidential funds, bribery, unexplained wealth, and grave threats against President Ferdinand R. Marcos Jr., First Lady Liza Araneta-Marcos, and former House Speaker Ferdinand Martin Romualdez. The prosecution noted that her answer failed to directly address any of these allegations or explain why she should not be held liable for the impeachable offenses charged against her.
Considering the substantial lack of counterevidence in her answer, the House prosecutors said the Vice President appears to be seeking dismissal of the case before the Senate impeachment court can even hear the evidence. The prosecution argued that no provision in the Constitution or the Senate Rules on Impeachment Trials authorizes the outright dismissal of an impeachment case before trial. According to the prosecutors, the only recognized basis for terminating an impeachment proceeding is an acquittal rendered by the impeachment court after a full hearing of the evidence.
The prosecution likewise maintained that by her own admission, Duterte's jurisdictional and constitutional challenges against the House proceedings are already pending before the Supreme Court. "To the extent that these matters have been elevated for judicial determination, the Senate, sitting as an Impeachment Court, cannot be placed in the position of reviewing or pre-empting issues currently pending before the Supreme Court," the manifestation read. The House prosecutors also asserted that the Senate should not pass judgment on the House's impeachment proceedings, as the Constitution vests the exclusive power to initiate such proceedings in the House, including the authority to enforce its own rules. Thus, the prosecution panel urged the Senate impeachment court to proceed with the trial, saying that further pleadings and paper submissions would only serve to delay what the Constitution requires to be conducted 'forthwith.'
After submitting the manifestation, the House prosecution panel said it is now preparing for the next stages of the impeachment proceedings, stressing that the 11-member team remains ready to proceed to pre-trial and trial despite unresolved internal disputes in the upper chamber. In a press conference, lead prosecutor Batangas Rep. Gerville 'Jinky Bitrics' Luistro, House trial spokesperson and Kabataan Party-list Rep. Renee Co, and prosecutor Akbayan Party-list Rep. Chel Diokno said the filing marks the end of the panel's response to Duterte's answer to the articles of impeachment, and the beginning of preparations for pretrial proceedings.
Luistro said the prosecution panel is now working within the publicized timeline, as announced by the former leadership under Sen. Alan Peter Cayetano, and anticipates the pretrial conference and initial trial dates in June and July. 'We anticipate na June 18, ang 11 prosecutors po ay a-appear sa (on June 18, the 11 prosecutors will appear before the) impeachment court for the first day of pre-trial conference, at July 6 para sa unang schedule ng trial (and July 16 for the first schedule of trial),' she said. 'June 15 is the deadline for the filing of pre-trial brief,' she said. 'After that, we will appear before the impeachment court for the pre-trial conference on June 18.'
However, the lead prosecutor explained that no formal notices have been issued yet by the Senate impeachment court, despite the looming pretrial conference. This has been uncertain primarily because of the continued conflict between the blocs of Acting Senate President Shewrin Gatchalian and Cayetano. Luistro said the prosecution is optimistic that the Senate impeachment court will receive an official notice within the week, after Gatchalian announced he would follow the original timeline set by the Senate. Co also explained that the next phase of the process is critical in allowing both sides to finally lay down their positions before the impeachment court. The House trial spokesperson said the proceedings will give the public a clearer view of the evidence and the defense, which she said is necessary to achieve closure on long-standing allegations against the vice president. 'Simple lang naman ang panawagan natin (Our call is simple): to move forward, we need closure,' Co said. 'At para magka-closure, kaila ngan ng sagot (And we need an answer to have closure).'
Diokno, for his part, emphasized that the proper venue for evaluating the allegations is the impeachment trial itself, where evidence can be formally presented and examined. 'Ang kailangan ngayon, litisin na agad ang kasong ito (This case should immediately go to trial),' Diokno said. 'Kami naman sa hanay ng prosecution ay handang-handa na mag-presenta ng ebidensya (On the side of the prosecution, we are fully prepared to present evidence).'
