VP Duterte camp files comment on House impeachment appeal

By Benjamin Pulta, Philippine News Agency

The House, through the Office of the Solicitor General (OSG), is seeking the reversal of the unanimous SC ruling that declared as unconstitutional the Articles of Impeachment against Duterte. (File Photo: House of Representatives of the Philippines/Facebook)

MANILA – Vice President Sara Duterte’s lawyers on Tuesday filed their comment on the House of Representatives’ motion seeking the reversal of the Supreme Court (SC) ruling that junked the impeachment case against her.

The 27-page comment of the defense team, led by lawyer Philip Sigfrid Fortun, said the high court’s July 25 decision “requires no factual correction” as “it rests on an unshaken foundation of truth.”

The House, through the Office of the Solicitor General (OSG), is seeking the reversal of the unanimous SC ruling that declared as unconstitutional the Articles of Impeachment against Duterte.

According to the SC ruling, the Articles of Impeachment are barred by the one-year rule under Article XI Section 3 paragraph 5 of the Constitution. The complaint also violated Duterte’s right to due process.

Lawmakers, however, said the due process requirements laid down in the SC decision are not sanctioned by the Constitution and “unduly interfere” with Congress’ authority to conduct impeachment proceedings.

In response, Duterte’s lawyers said the SC findings were based on “substantive legal ground” and not on “immaterial details.”

The lawyers also challenged the validity of House’s motion for reconsideration, arguing that Congress is not a continuing body and that the appeal was filed by the OSG without approval by the members of the 20th Congress.

“Absent this approval by the plenary, the motion is unauthorized and legally infirm. It is a nullity that usurps the institutional authority of the 20th Congress itself,” the defense team said.