The Committee on Justice (CoJ) of the House of Representatives (HOR) has determined that the two remaining impeachment complaints against Vice President Sara Duterte are sufficient in grounds.
In a hearing on Wednesday, the CoJ unanimously said the proceedings should move to the fourth stage of the process, a mini-trial that would determine probable cause for a full trial by the Senate as an impeachment court.
CoJ chairperson gerville Luistro told reporters in Manila that Duterte is invited to attend the hearings on March 25 as well as April 14, 22 and 29 to respond to each witness and evidence presented by the complainants.
“It will be a mini-trial. The full blown trial will happen in the Senate. This is to give ample opportunity to the complainants to present their witness and evidence per ground as well as for the respondent to reply,” Luistro said.
The committee said its determination came after Duterte’s Ad Cautelam response last Monday was “not responsive to the complaints the CoJ earlier decided to be both sufficient in form and substance.
There was no pro-Duterte CoJ member present to object to subjecting Duterte to a mini-trial. Pro-Duterte lawmaker Paolo Marcoleta was present but as a non-committee member was not allowed to contest the motion.
Ad Cautelam reply ‘unresponsive’
The committee said Duterte’s Ad Cautelam reply did not address the allegations of the supposed offenses committed by Duterte, such as threatening the life of President Ferdinand Marcos Jr. and his family, irregular expenditures of public funds, and unexplained wealth.
In her reply, Duterte alleged that the CoJ had violated her right to due process while the two approved impeachment complaints failed to state ultimate facts.
Luistro however said that Duterte’s reply was more of a motion to dismiss that should have been filed with the Supreme Court (SC).
Luistro said that the CoJ observed due process and it was Duterte who failed to avail of the rules by not being responsive to the allegations in the complaints.
Is there probable cause to impeach?
In a press conference, CoJ member Terry Ridon said the first issues to be discussed are the pending petition for protective custody of former Duterte employee-turned-whistleblower Ramil Madriaga as well as objections to the participation of two lawyers named by the vice presidents as defence counsels.
Also to be discussed are motions for submissions of the vice president’s bank documents, corporate records, and statement of assets, liabilities and net worth.
Ridon and Luistro assured that Duterte shall be given ample opportunity to present evidence to rebut her accusers.
The CoJ, however, admitted that Duterte may choose to ignore the ‘mini-trial’ and seek a restraining order from the SC against the proceedings.
“But until we receive a restraining order or the SC issues an adverse statement (against the hearing), we will simply proceed. This is a constitutional duty,” Luistro said. #