The impeachment case against Vice President Sara Duterte could potentially be dismissed without even reaching a formal trial, Senate President and Impeachment Court Presiding Officer Francis Escudero confirmed during a press briefing on Wednesday.
Escudero clarified that any motion, including one seeking dismissal, would require a simple majority — or at least 13 votes — to pass. “Simple majority is needed in all voting. Two-thirds are needed to convict and acquit,” he explained.
When asked whether Duterte’s precautionary legal response — known as an answer ad cautelam — could be enough to warrant dismissal, Escudero acknowledged the possibility but stopped short of confirming any outcome. “That’s possible, but I don’t wanna go ahead on what the impeachment court’s decision would be,” he said in Filipino.
Escudero emphasized that members of the impeachment court are free to file any motion, whether to dismiss or convict. “All motions are allowed. Don’t focus on the motion to dismiss because the motion to convict is also allowed,” he said, noting that even a prosecutor could push for immediate voting without presenting evidence — though he said he would oppose such a move.
The Senate formally convened as an impeachment court on June 10 after its members took their oaths as senator-judges. The initial session was triggered by a motion from Senator Ronald dela Rosa to dismiss the case against Duterte.
However, the process took a turn when Senator Alan Peter Cayetano proposed returning the Articles of Impeachment to the House of Representatives instead — without officially ending the proceedings. His motion called for the lower chamber to clarify that no constitutional violation occurred by filing multiple complaints within a year and to confirm its readiness to pursue the case.
Vice President Duterte, through a 35-page submission to the court, has insisted that the latest complaint is “void ab initio,” citing a violation of the constitutional one-year bar on initiating multiple impeachment complaints against the same official.
“The fourth impeachment complaint must be dismissed because: it is void ab initio for violating the one-year ban rule,” her filing stated, referencing Section 3(5), Article XI of the 1987 Constitution.
The impeachment court’s next steps remain uncertain, but Escudero made it clear: any decision, including dismissal, could come sooner than expected — and without a full trial.
