Impeachment Court Can Dismiss Case by Simple Majority
MANILA, Philippines — The impeachment court holds the power to dismiss the case against Vice President Sara Duterte with a simple majority vote. This means that at least 13 votes are enough to decide on motions filed during the proceedings.
During a press conference, Senate President and Impeachment Court presiding officer Francis Escudero explained that any motion, including dismissal of the case, requires only a simple majority to pass. “Simple majority is needed in all voting. Two-thirds are needed to convict and acquit,” he said. “If there’s already a simple majority to dismiss, for example, then it’s impossible to reach two-thirds, right?”
Possibility of Case Dismissal Without Formal Trial
When asked if the impeachment case could be dismissed based solely on Duterte’s answer ad cautelam (a precautionary response), Escudero said this is possible but avoided predicting the court’s decision. “That’s possible, but I don’t wanna go ahead on what the impeachment court’s decision would be,” he said in Filipino.
Escudero further noted that dismissing the case without a full trial remains within the realm of possibility. “Everything is possible,” he added when asked about the chance of skipping a formal trial.
Any Court Member Can Move to Convict Duterte
Escudero clarified that any member of the impeachment court can also file a motion to convict the Vice President. Such motions, like dismissal requests, are subject to a vote. “They can also move that, I cannot prevent that from happening, but I will not vote for that,” he stated. “All motions are allowed. Don’t focus on the motion to dismiss because the motion to convict is also allowed.”
He warned against rushing to vote without presenting evidence, especially since some articles have been publicly aired. “Articles 2 and 3 are already seen on TV, let’s not present evidence and just proceed to vote. They can make that motion, but I will disagree with that,” Escudero added.
Senators Convene to Deliberate Impeachment Proceedings
Senator-judges took their oath and officially convened as an impeachment court on June 10. They initially met to consider a motion by Sen. Ronald dela Rosa seeking dismissal of the impeachment case against Duterte.
However, Sen. Alan Peter Cayetano later amended that motion, proposing to return the Articles of Impeachment to the House of Representatives instead of dismissing the case outright. This return would be until the House certifies compliance with the Constitution’s one-year ban on multiple impeachment proceedings against the same official.
Cayetano’s amendment also requires the House to communicate its readiness to pursue the complaint against the Vice President before the Senate proceeds.
Duterte Calls Impeachment Complaint Void From Start
The Vice President’s camp has actively pushed for dismissal, labeling the complaint as “void ab initio” or invalid from the outset. In a detailed 35-page document submitted to the impeachment court, they argued that the complaint violates the constitutional rule barring more than one impeachment proceeding against the same official within one year.
“The fourth impeachment complaint must be dismissed because it is void ab initio for violating the one-year ban rule under Section 3 (5) Article XI of the 1987 Constitution,” the document states.
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