Vice President Sara Duterte and Batangas 2nd District Representative Gerville Luistro

MANILA, Philippines – Batangas 2nd District Gerville Luistro debunked the claims of the supporters of Vice President Sara Duterte that the impeachment complaint filed against her was constitutionally and procedurally defective. 

“We did follow the rules,” Luistro said in an interview on One News. 

On February 18, Mindanao-based lawyers led by Kingdom of Jesus Christ (KOJC) legal counsel Israelito Torreon filed a Petition for Certiorari and Prohibition before the Supreme Court seeking to block the impending impeachment trial in the Senate. 

The group of lawyers argued that the complaint was defective on three grounds: 

1. The House of Representatives did not act right away on the first three impeachment complaints which rested in the lower chamber for over two months. 
2. The complaint did not follow verification process prior to senate transmittal. 
3. Violative of due process because the Vice President was not informed that impeachment cases will be filed against her. 

We followed the rules, verification was done

Luistro said they did follow the rules because the Constitution dictates that Congress shall promulgate its own rules on impeachment. 

“Hindi po ito totoo,” she said. 

“As a matter of fact, during the caucus which is the same time 215 members of the House affixed their signatures, the verification page is already incorporated in the complaint. As a matter of fact it was on the same day, it was on the same occasion kung saan nanumpa po ang ating mga kongresista kaugnay sa verification na kinakailangan dito sa verification complaint na ito,” she said. 

House members studied complaint 

Torreon et al argue that because of timing issues, most House members no longer had the time to study the complaints.

The complaint was transmitted to the Senate on February 5, the last day of congress, after securing 215 votes of House members. They argue that lawmakers could not have possibly read and studied the complaint within just a period of one day. 

But Luistro likewise asserted that the complaints were based on the findings of committee hearings which were then instrumental in shaping the individual evaluation of the members even before the filing of the impeachment complaints. 

“Let us be reminded that most of the grounds as subject matter po ng investigation ng quad comm and even in the committee on good government,” she said. 

“I wish to share that as early as last year, wherein the three impeachment complaints were filed nagkaroon na po ng individual evaluation ang ating mga congs and it was because of the intercession of the political parties that made us come up with this fourth impeachment complaint to be able to catch up with the limited number of sessions remaining saving the impeachment process from the alleged 1 year prescription period,” she said. 

VP Sara given due process 

Luistro also belied Duterte ever was denied due process because she is given the chance to submit her response and build up her defense.

“We beg to disagree. In fact a summons will be issued to her, she will be asked to answer and she will be given time to present her evidence this is what due process is all about. 

We did not delay impeachment 

The top issue being thrown at the HOR was the supposed delay in the process of impeachment which took over two months before senate transmittal. 

The first impeachment was filed on December 2 followed by two more on December 4 and 19. However a fourth impeachment complaint was the one endorsed to the senate after securing 215 signatures, more than the required one third House votes. 

Senate President Chiz Escudero throws back the issue of delay to the lower chamber whenever he would be questioned as to why they have not convened yet to be an impeachment court even after receipt of the complaints on February 5. 

“We did not delay ma’am. We have to understand that Congress is a collegial body. I cannot decide alone. The good government committee cannot decide alone. This is a collegial body that needs a collegial decision,” she said. 

“306 po and members ng House, as a general rule, we need the majority, for purposes of impeachment, we need one third,” she said.