House prosecutor and Akbayan Rep. Chel Diokno on Tuesday cautioned that the Senate impeachment court’s order for the House of Representatives to submit a certification affirming its willingness to pursue the impeachment case against Vice President Sara Duterte could weaken the prosecution’s case.

The House has already submitted the first certification confirming that the complaint complied with the constitutional one-year ban on filing multiple impeachment complaints. However, the Senate is still awaiting the second certification—an explicit declaration that the current Congress intends to prosecute the case.

“Iyan ang bagay na kailangan pag-aralan nang mabuti kasi baka naman maaaring maging trap na ‘yan. Kapag ginawa ng House ‘yan ay sasabihin naman nila, ‘O, nag-violate na kayo ng one-year ban,’” Diokno said.

(“This is something that has to be studied carefully because it could be a trap. If the House issues that certification, they might say, ‘You’ve already violated the one-year ban.’”)

Diokno, a human rights lawyer prior to being elected under the Akbayan party-list, argued that the appointment of 11 public prosecutors when Congress opens its regular session on July 28 is already sufficient proof of the House’s intent to prosecute the case.

“If Congress will designate prosecutors to the panel, that is already a very clear indication that they want to proceed with the case,” Diokno said.

He further asserted that the Senate’s order to remand the Articles of Impeachment until the certifications are submitted has no legal basis.

“That remand, as well as a senator-judge moving for the outright dismissal of the impeachment case, are not provided for in the Senate impeachment rules and the Constitution,” Diokno emphasized.

He added: “That’s why all of these things, all of what has happened in the Senate is so highly questionable because instead of obeying the Constitution, which is super clear to me, as soon as the verified complaint is filed with, bearing at least one-third signatures of the House members, they have no choice but to conduct the trial, hear the evidence, and then decide based on the evidence.”

The impeachment complaint, endorsed by over 200 House members—well above the one-third threshold—was transmitted to the Senate on February 5. The complaint accuses Vice President Duterte of betrayal of public trust, culpable violation of the Constitution, graft and corruption, and high crimes, particularly over the alleged misuse of P612.5 million in confidential funds and threats to assassinate President Ferdinand Marcos Jr., First Lady Liza Marcos, and then House Speaker Martin Romualdez.

Meanwhile, Ako Bicol party-list Rep. Alfredo Garbin also rejected the Senate’s request for a vote from the House affirming its commitment to prosecute.

“The Constitution is clear. What remains is for the Senate to try the same,” said Garbin, who is also a lawyer.

Garbin refuted former Senate President Francis Escudero’s position that the Senate can dismiss the complaint via a majority vote.

“The Constitution provides that the Senate should try and decide on impeachment cases. You need 18 votes [or two-thirds of the Senate] to convict, and less than 18 to acquit. The Constitution does not speak of dismissal,” Garbin said.

He added, “The Constitution speaks of hearing, trial, and the reception of evidence.”