House prosec: VP Sara's answer to impeach raps has no factual basis
Vice President Sara Duterte's answer to the allegations against her in the impeachment complaint submitted to the Senate impeachment court has no factual basis, the House prosecution panel said Tuesday.
House prosecution panel spokesperson Atty. Antonio Audie Bucoy was referring to the answer ad cautelam (with caution) filed by the Vice President on Monday asking the Senate impeachment court to junk the impeachment complaint against her mainly for violating the one year bar rule, the constitutional provision which only allows one complaint to be filed against an impeachable official in a year.
In the same answer, the Vice President said there is no impeachment complaint to begin with since the Senate impeachment court ordered the return of the Articles of Impeachment to the House of Representatives.
'Ad cautelam is for caution. So, ibig sabihin, hindi pa niya tinatanggap o kinikilala ang hurisdiksyon ng impeachment court. Sapagkat ayon sa rules, 'pag ikaw ay nag-file ng special appearance, dapat ilahad mo ang dahilan kung bakit mo kine-question ang jurisdiksyon ng husgado. Ang ginawa ng Pangalawang Pangulo, nag-file lang ng ad cautelam, entry of appearance, pero walang sinasabi kung anong dahilan,' Bucoy said at a press conference.
(She has yet to recognize the jurisdiction of the impeachment court. Based on the rules, if you file a special appearance, you state why you are questioning the jurisdiction of the court. What they did was simply file an ad cautelam answer without explaining why.)
''Yung kanyang sagot, wala ho siyang factual nor legal grounds ukol roon sa mga factual allegations ng impeachment complaint. It was all procedural [arguments]. This is wagging the dog, mas pinapalitaw na mas importante ang procedure kesa constitutional law and principles, substance. Ang importante is the substance. Those who cannot address the substance, they rely on technical procedures, which is what she did here,' Bucoy added.
(She did not cite facts or legal grounds to answer allegations in the impeachment complaints...making it appear as if procedure was better than substance. What is important is the substance.)
Bucoy also stressed that the impeachment complaint against the Vice President is fully compliant with the constitutional limit of one complaint per year because the three prior impeachment complaints against the Vice President were never initiated, meaning referred to the House Committee on Justice for deliberations.
Bucoy was referring to the three impeachment complaints filed by different groups and endorsed by various lawmakers against the Vice President in December 2024, mainly alleging betrayal of public trust due to the alleged misuse of over P612 million of confidential funds.
The impeachment complaints were filed after the House good government and public accountability inquiry revealed that based on the submissions of Office of the Vice President (OVP) and Department of Education under Vice President Duterte's tenure as Education chief to the Commission on Audit, the OVP and DepEd liquidated the P612 million of confidential funds it received from 2022 to 2023 with acknowledgement receipts containing wrong dates, signatories with no birth records, unnamed signatures, non-readable signatories, among others.
These three complaints, however, were not forwarded by the House Secretary General Reginald Velasco to the Office of the Speaker, Leyte Representative Martin Romualdez, a requirement for the complaint to be scheduled for House Committee on Justice-level deliberation.
A fourth impeachment complaint, however, was filed in February and gathered over 200 lawmakers as endorsers or way higher than one-third of all the House members needed for the complaint to be sent directly to the Senate for trial as stated in the 1987 Constitution.
'Under the [impeachment] rules po, and decided cases of the Supreme Court, initiation happens when the impeachment complaint is endorsed to the House Committee on Justice. This did not happen in the first three impeachment complaints,' Bucoy said.
'Now, this [fourth and] current impeachment complaint, hindi na kinakailangan dumaan doon because it was already endorsed by more than one-third of the House members. In that case, the impeachment complaint becomes the articles of impeachment itself. So, hindi ho na-violate yung one-year bar rule because 'yung tatlong impeachment complaint, hindi ho nakaabot eh doon sa referral to the Committee on Justice,' Bucoy added.
(The fourth impeachment complaint never needed to be referred to the House justice panel because it has been endorsed by more than one-third of all House members. Ergo, the one year bar rule was not violated because the first three impeachment complaints were never referred to the House Committee on Justice.)
GMA News Online has reached out to the Vice President for comment and will publish it as soon as it is available. Duterte has since denied the allegations against her. — RSJ, GMA Integrated News
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
GMA Network
14 hours ago
- GMA Network
House prosecutors welcome Ombudsman stand to await VP Sara trial result
Vice President Sara Duterte speaks to the media in Melbourne, Australia on June 22, 2025. Courtesy: Office of the Vice President video screenshot The House of Representatives prosecution panel backed the remarks made by Ombudsman Samuel Martires who said his office would wait for the outcome of the impeachment trial of Vice President Sara Duterte before resolving her case. "Ang sinabi niya (Martires) ang kaniyang kapangyarihan lang ay mag-imbestiga, hindi ang mag-desisyon (He said his power is to investigate, not to decide on cases)," House prosecution panel spokesperson Atty. Antonio Audie Bucoy said at the Saturday News Forum. "Aantayin niya ang kahihinatnan ng impeachment trial, which is tama (He will wait for the outcome of the impeachment trial, which is correct). I commend the Ombudsman for that," Bucoy said. In an interview on Friday regarding the issue, Martires said his office does not have the power to prosecute. Further, should the Senate impeachment court in favor of the Vice President, the Office of the Ombudsman may no longer pursue charges, according to Martires. Martires said, "The Ombudsman or any investigating body has to await the result of the impeachment proceeding." "But if the Vice President is acquitted by the impeachment court, wala kaming power to charge her (But if the Vice President is acquitted by the impeachment court, we have no power to charge her)," the Ombudsman said. Martires had also denied that he was out to sabotage the trial when his office acted on the report submitted by the House Committee on Good Governance and Public Accountability. On June 19, the Ombudsman asked Duterte to file her counter-affidavit to the alleged misuse of confidential funds of the Department of Education and the Office of the Vice President. Duterte filed her counter affidavit with the Ombudsman on Friday, June 27, 2025. The House of Representatives had submitted a committee report on June 16, alleging plunder, technical malversation, falsification, use of falsified documents, perjury, bribery, corruption of public officers, betrayal of public trust, and culpable violation of the Constitution. Also named as respondents were Edward Fajarda and Gina Acosta, Special Disbursing Officers; Assistant Secretary Atty. Sunshine Charry Fajarda, Director for Strategic Management Office; retired Major General Nolasco Mempin, Undersecretary for Administration; and Annalyn Sevilla, Undersecretary for Finance Service. All of them are from the Department of Education. Those charged from the Office of the Vice President were Atty. Zuleika Lopez, Undersecretary and Chief of Staff; Lemuel Ortonio, Assistant Chief of Staff; Lieutenant Colonel Dennis Nolasco, Vice Presidential Security and Protection Group; and Colonel Raymund Dante Lachia, Commander of Vice Presidential Security and Protection Group of the Philippine Army. Martires had said the investigation may take longer than the trial, adding that it may be up to the next Ombudsman to tackle the issue. "Mabuti nagsalita na si Ombudsman Martires that he is leaving it to the next Ombudsman to address the case… We welcome that because 'yun po ang tamang proseso eh," Bucoy said. (It's good that Ombudsman Martires stated that he is leaving it to the next Ombudsman to address the case… We welcome that because it is the proper process.) Martires is due to retire on July 27 after serving as Ombudsman for seven years. — VDV, GMA Integrated News
GMA Network
14 hours ago
- GMA Network
SC a 'last resort' for House prosecutors if Senate junks VP Sara impeachment —spox
The House of Representatives Prosecution Panel would resort going to the Supreme Court (SC) on the impeachment of Vice President Sara Duterte should the Senate move to dismiss the case, according to their spokesperson Atty. Antonio Audie Bucoy. "Wala kaming ibang pupuntahan kasi ang SC lang ang final judge ng Constitutional issue of whether it is compliant with the Constitution or not,' Bucoy said at the Saturday News Forum. (We have nowhere else to go because the SC is the final judge of the Constitutional issue of whether it is compliant with the Constitution or not.) Bucoy made the remark after Duterte entered a 'not guilty' plea in the verified impeachment complaint filed against her by the House of Representatives, which she called merely a 'scrap of paper.' In the 35-page answer ad cautelam (with caution) submitted by Duterte's camp to the Senate impeachment court on Monday, the Vice President argued that the fourth impeachment complaint must be dismissed for being illegal, saying that it violated the one-year bar rule under the 1987 Constitution. The House of Representatives prosecution panel, in response, asked the Senate impeachment court to reject Duterte's bid to dismiss the impeachment case against her, saying the severity of the charges requires no less than a full and transparent trial and her conviction. Should the Senate impeachment court rule in favor of the Vice President's appeal, Bucoy said the House prosecution would file before the Supreme Court a 'petition for certiorari with mandamus, questioning the exercise of abuse of discretion amounting to lack of jurisdiction.' ''Yun lang ang puwede namin i-akyat eh, 'yung grave abuse of discretion amounting to lack of jurisdiction… mandamus for the [Supreme] Court to compel the [Senate] court to try it,' he said. (That's all we can do. The grave abuse of discretion amounts to a lack of jurisdiction… mandamus for the Supreme Court to compel the Senate court to proceed with the trial.) 'The only thing the SC can do is either reverse or modify 'yung kanilang decision,' he added. (The SC can either reverse or modify the decision.) Motion Senate President Francis Escudero on Wednesday said that the Senate impeachment court may vote on the motion to dismiss the impeachment complaint against Vice President Sara Duterte if a senator-judge makes such a submission. 'Wala namang bawal na motion... Asan ba 'yung provision sa Saligang Batas o sa Rules on Impeachment na bawal ang ganito o ganyang klaseng motion? Hindi mo namang pwedeng pigilan,' Escudero said in a press conference. (There is no prohibited motion. Where is the law, constitutional provision, or Rules of Impeachment that a certain motion is prohibited? You cannot stop someone from making a motion.) Senator Ronald "Bato" dela Rosa had moved in the plenary for the dismissal of the Articles of Impeachment, but his motion was eventually amended so that the complaint be returned to the House of Representatives pending a couple of certifications. 'Constitutional crisis' Bucoy, meanwhile, warned that it would become a 'constitutional crisis' if the Senate refuses to follow what the Supreme Court's decision would be. 'There will be a constitutional crisis kung nag utos ang SC at ayaw sumunod then we have a crisis, pero I doubt kung hindi sila susunod," he said. This, as Bucoy stressed the importance of proceeding with the trial. 'Para sa amin, mahalaga na magkaroon ng paglilitis, kahit na i-acquit niyo yan, basta naipakita namin sa bayan ang mga ebidensya namin sa lahat ng krimen na ginawa niya,' he said. (For us, it is important to have a trial, even if you acquit her, as long as we have shown the people our evidence for all the crimes she committed.) 'Bayan na ang maghuhusga sa inyo. Pero babalikan ko ulit, nagtitiwala pa rin kami sa proseso dahil ito haka-haka pa rin. Malalaman natin sa susunod na mga araw kung tama ang ating pag agam-agam,' he added. (Let the people be the judge. Again, we still trust the process because this is still speculation. We will know in the coming days if our doubts are correct.) Duterte is accused of betrayal of public trust, culpable violation of the Constitution, graft and corruption, and other high crimes mainly over alleged misuse of P612.5 million worth of confidential funds and for threatening to kill President Ferdinand Marcos, Jr., his wife Liza and his Speaker Martin Romualdez of Leyte, among others. The Vice President has denied the allegations. Bucoy also said that the House prosecution team has not yet discussed whether it will file a motion for inhibition against senator-judges who have expressed biases in the case. 'I think there's growing opinion… it's gaining ground na 'wag na lang.' Malilihis na naman eh. Pangalawa, it will only compound our numbers issues,' he said. —VAL, GMA Integrated News
GMA Network
a day ago
- GMA Network
VP Sara sees Davao-Samal bridge's potential to boost growth
Vice President Sara Duterte reaffirmed her support for the continued construction of the Davao-Samal Bridge amid legal challenges, saying the infrastructure project is crucial to unlocking the economic potential of the island and the Davao region as a whole. 'Sana ay makita ng lahat, hindi lang ng ating mga Huwes, kundi ng buong komunidad na napakalaki ng tulong ng Davao-Samal Bridge sa ekonomiya ng Davao City at ng Samal City — at siyempre na rin sa mobilization and transport ng goods and people,' Duterte told reporters. (I hope everyone — not just the judges, but the entire community — sees how much the Davao-Samal Bridge will help the economies of Davao and Samal, and in the transport of goods and people.) The multi-billion-peso bridge, initiated during the term of former President Rodrigo Duterte, is now facing uncertainty after a Supreme Court petition sought to stop its construction due to alleged environmental violations. Despite the legal roadblock, Duterte stressed its transformative potential for local trade, tourism, and daily life on the island. Duterte also outlined her vision for long-term growth in the Island Garden City of Samal (IGACOS), urging local leaders to prioritize the basics: electricity, clean water, and investor-friendly systems. 'Kailangan talaga yung regular na supply ng kuryente at access sa malinis na tubig… Basic necessities po 'yan na kailangan natin pagtulungan at unahin,' she said. (We really need regular electricity and access to clean water — these are basic necessities we must prioritize together.) 'Kailangan nilang i-review kung ano ang nagpapatagal sa proseso sa loob ng kanilang LGU para sa pagbigay ng permits,' she added. (They need to review what's causing delays in their local permit processes.) She said the city has the potential to become more competitive in tourism and commerce, provided it reduces red tape and maintains infrastructure that meets investor and resident needs. Moreover, the Vice President also promoted the Office of the Vice President's ongoing programs including 'Mag Negosyo Ta 'Day', a livelihood initiative for micro-entrepreneurs; 'PagbaBAGo', a tree-planting and education advocacy program; The Disaster Operations Center, for quick emergency response; and RIICE, which provides rapid assistance in times of urgent need. She further responded to viral reports about teachers in remote areas like the Akbual IP School in Sarangani, who cross four rivers and trek for hours to reach their students. 'Ang request nila ay para sa mga estudyante, hindi para sa sarili nila. Common ito sa mga teachers — inuuna talaga nila ang kapakanan ng kanilang mga estudyante,' she said. (Their request is for the students, not themselves. This is common among teachers — they always put their students first.) The OVP committed to delivering waterproof school bags and supplies tailored for the harsh conditions faced by these communities. 'Magpapagawa kami ng special kind of bag para sa kanila na waterproof,' Duterte said. (We will have a special kind of waterproof bag made for them.) On her father's mayoral return In the same interview, she also addressed the scenario in which her father, former President Rodrigo Duterte, might not be able to take his oath as Davao City mayor by June 30. In that case, Vice Mayor Baste Duterte would assume the position as acting mayor. Asked about a recent survey showing her as a frontrunner in the 2028 presidential race with Senator Bong Go as a possible running mate, she replied: 'Nakuratan ko sa imoha… Pwede dili na lang sa ta anang survey-survey karon kay layo pa gyud kaayo nang 2028,' she said with a laugh. (I was surprised by that… Let's skip the surveys for now because 2028 is still too far away.) 'Ang pagpapasalamat ko ay 'yung patuloy na pagtitiwala ng taong bayan sa Tanggapan ng Pangalawang Pangulo,' she added. (I'm thankful for the continued trust of the people in the Office of the Vice President.)—LDF, GMA Integrated News
