Escudero: Simple majority vote may resolve Duterte motion to dismiss impeachment case

Metro Manila, Philippines - How will the Impeachment Court handle Vice President Sara Duterte’s answer ad cautelam (with caution), which includes a prayer to dismiss the impeachment complaint?

Senate President Francis “Chiz” Escudero, presiding officer of the Impeachment Court, said the matter will be addressed once the court is formally convened in the 20th Congress.

“Whether to decide on it or to set it aside for a later date,” Escudero said in a press briefing on Wednesday, June 25.

For this to happen, the House of Representatives must first elect its new set of prosecutors and meet the conditions set by the Impeachment Court — certification that the verified complaint is constitutionally sound, and a confirmation that 20th Congress lawmakers will intend to pursue the trial.

Asked whether Duterte’s plea for dismissal could then be subject to a vote, Escudero said it is possible.

“Posible 'yon, pero ayokong pangunahan ang Impeachment Court [That is possible but I do not want to preempt the Impeachment Court],” he said.

Escudero referred to Duterte’s request as a “pending motion,” though he added that her legal team may need to raise it formally during trial.

“Now that the Impeachment Court has acquired jurisdiction over the person of the vice president, the parties are now there to make their corresponding and respective motions based on the interest of their client or position,” he said.

Escudero said a simple majority vote, or 13 senator-judges, may be sufficient to resolve such a motion.

“Simple majority ang kinakailangan sa lahat ng botohan, two-thirds ang kailangan to convict or acquit,” he said.

“But it begs the question kung may simple majority ka to, to dismiss for example, then imposible ka na maka-two-thirds, hindi ba?”

[Translate: A simple majority is required for all votes, while a two-thirds vote is needed to convict or acquit. But it begs the question - if you already have a simple majority to, say, dismiss the case, then wouldn’t it be impossible to reach two-thirds for a conviction?]

Impeachment rules only provide for conviction or acquittal; there is no explicit provision for dismissal. A two-thirds vote of all senator-judges is required to convict an impeached official.

When asked if senator-judges can file similar motions, Escudero emphasized that any member of the Impeachment Court is free to do so. Senator Ronald “Bato” dela Rosa, a known Duterte ally, previously moved to dismiss the complaint - leading instead to its remand to the House.

“Wala namang bawal ngang motion. 'Yon ang problema ko sa maraming nagsasabi na kung anu-ano. Asa'n ba'yong rule? Asa'n ba 'yong probisyon sa Saligang Batas o sa rules of impeachment na bawal ang ganito o ganiyang klaseng mosyon?” Escudero stressed.

[Translation: There’s really no such thing as a prohibited motion. That’s my issue with people making all sorts of claims. Where’s the rule? Where in the Constitution or in the impeachment rules does it say that this or that kind of motion is not allowed?]

“Kapag ka may nag-motion at may nag-object, hindi ba sa tagal n'yo sa Senado anobang gagawin? 'Di pagbobotohan,” he added.

[Translation: If someone files a motion and another objects, after all your time in the Senate, what do you do? You vote on it.]