House rejection of Duterte legal team entry of appearance won’t delay trial - spokesperson

Metro Manila, Philippines - The House prosecution team rejection of the entry of appearance submitted by Vice President Sara Duterte’s legal team will not prolong the impeachment trial, the panel spokesperson said on Tuesday, June 17.

Duterte’s legal team, the Fortun Narvasa and Salazar, sent an entry of appearance to the Impeachment Court. A copy was furnished to the House of Representatives, but there was a note: “Tender Copy refuse to receive.”

Antonio Audie Bucoy, the prosecution panel spokesperson, said he is not privy to the details of the rejection, but said the document is “as if received.”

“Ang [The] bottomline ho dito [here], walang [there is no] damage,” Bucoy said in a press briefing. “Tender means you are constructively served. So, ke tanggapin o hindi, ‘yun hong [accept it or not] purpose was served.”

“It will not delay kasi appearance lang naman ‘yan [because it is just an appearance],” he said.

No crossover, remand, case dismissal pre-trial

Meanwhile, Bucoy commented on the issues hounding the impeachment case such as the crossing over of proceeding to the next Congress, remanding of impeachment articles, and dismissal without trial.

Bucoy said such issues are not indicated in the Constitution.

For the crossing over of the impeachment proceeding from the 19th Congress to the 20th, he said the Senate and the House are a continuing institution even if a Congress closes.

“There’s nothing in the Constitution that says crossover,” said Bucoy. “Sinabi ng Supreme Court na ang napuputol, ang nagwawakas ay ang sesyon sa paggawa ng batas.”

[Translation: The Supreme Court said what ends is the session of making laws.]

During the convening of the Senate as an Impeachment Court on June 10, senator-judge Ronald “Bato” dela Rosa moved to dismiss the case against the vice president. But the Senate decided to remand the impeachment articles instead.

“‘Yung remand ay para sa ordinaryong kaso sa ordinaryong hukuman but never sa Impeachment Court,” Bucoy said.

[Translation: The remand is only for ordinary cases for ordinary courts but never in the Impeachment Court.]

“Ang sabi ng Saligang Batas, litisin at desisyunan,” he said. “Ang nangyari kay Senator dela Rosa, umaaksyon na parang defense counsel.”

[Translation: The Constitution stated try and decide. Senator dela Rosa acted like a defense counsel.]

Inhibition

Bucoy said prosecutors are discussing asking for the recusal of senator-judges who may be perceived biased in the case. He, however, stressed that inhibiting is a decision of the senator-judge.

He said if asking for recusal would delay the process, prosecutors would set it aside and present evidence.

“Kung kahit malakas ang ebidensya, mag-a-acquit pa rin sila, sinong maghuhusga? Ang bayan,” he said.

[Translation: If they would acquit despite the strong evidence, who would judge them? The people.]

Duterte was impeached in February over several issues including alleged misuse of ₱612.5-million confidential funds, bribery, and threat to President Ferdinand Marcos Jr., First Lady Liza Marcos, and House Speaker Martin Romualdez.