The Department of Justice (DOJ) has received a court order directing the prosecution to comment on Vice President Sara Duterte’s motion to quash the information in the grave threats case filed against her.

Prosecutor General Richard Anthony Fadullon said Thursday the prosecution received the court order Wednesday, Aug. 12, stating that it had been given a period to respond to Duterte’s motion to quash, as well as her request to recall or hold in abeyance the issuance of a warrant of arrest.

“We have not received our copy yet of the motion,” Fadullon said, adding that the prosecution would determine its response once it obtains a copy and reviews the defense’s arguments.

Fadullon said the motion was likely filed Tuesday or Wednesday this week.

“I cannot speak how the court will rule. However, we will be filing our comment to as soon as we see what the basis is of the defence in asking for the quashal of the information,” he said.

The prosecution will base its response on the grounds and allegations raised by Duterte’s defense, Fadullon said.

Asked about the defense’s argument that Duterte cannot be prosecuted because the allegations against her also constitute an impeachable offense, Fadullon said the criminal case before the Regional Trial Court is separate from proceedings before the impeachment court.

“Whatever it is that’s going on before the impeachment court is different from the one that we have now. This is before the regional trial court,” Fadullon said.

He added that the DOJ’s position is that there is no legal prohibition against filing a criminal case against an official holding an impeachable office.

The court will ultimately decide whether the charges can proceed despite Duterte’s status as an impeachable official, Fadullon said.

“We leave it to the ruling of the court how it will dispose the same,” he said.