MANILA, Philippines — Vice President Sara Duterte has formally moved to dismiss the fourth impeachment complaint lodged against her, invoking the 1987 Constitution’s provision that prohibits multiple impeachment proceedings against the same official within a one-year period.
In a document titled Answer Ad Cautelam filed before the Senate impeachment court, Duterte’s legal counsel argued that the complaint is “void ab initio” for violating Section 3 (5), Article XI of the Constitution. The provision explicitly bars the initiation of more than one impeachment proceeding against the same public official within a 12-month span.
“Vice President Sara Z. Duterte, by counsel, without waiving any jurisdictional and/or other objections… respectfully states [that] the Fourth Impeachment Complaint must be dismissed because it is void ab initio for violating the One-Year Bar Rule,” the pleading stated.
The House of Representatives received a copy of the document at 3:53 p.m.. In contrast, the Senate received it at 5:49 p.m., delivered by Arnel Barrientos Jr. of the Fortun, Narvasa & Salazar law firm.
Senate impeachment court spokesperson Atty. Regie Tongol explained that the use of ad cautelam—a legal term signifying caution—typically signals an intention to challenge the court’s jurisdiction.
This, he added, is consistent with Duterte’s separate petition before the Supreme Court (SC), where she seeks to halt the impeachment proceedings altogether.
According to Tongol, the Vice President’s camp is expected to either file a formal motion to dismiss or submit an answer with affirmative defenses.
Senate Secretary Renato Bantug, who also serves as the clerk of court for the impeachment trial, noted that the ad cautelam filing suggests Duterte’s legal team is reserving the right to raise additional arguments later.
Earlier, Duterte filed a petition for certiorari and prohibition before the Supreme Court, requesting that the impeachment proceedings be declared unconstitutional.
She also requested a temporary restraining order (TRO) to prevent the House from pursuing the trial and to bar the Senate from acting on the complaints while the case is pending.
This marks the fourth impeachment complaint against the Vice President, whose legal and political battles continue to unfold amid heightened tensions between her camp and the House of Representatives.