The defense team of Vice President Sara Duterte on Monday declined to take a position on whether the constitutional principle of double jeopardy could apply to her impeachment proceedings, saying the issue may be raised separately before the trial court.

Defense spokesperson Atty. Justin Nicol Gular said it would be premature for the team to comment on the matter as the impeachment trial remains focused on the prosecution’s presentation of its case.

“We will prefer not to comment on that for two reasons,” Gular told reporters after the 22nd day of Duterte’s impeachment trial.

He said the issue of jeopardy could be a defense that may become relevant in proceedings before the regular trial court, but stressed that Duterte’s defense team in the impeachment trial does not represent her in the separate criminal case.

“I don’t want to pre-empt Atty. Lim,” Gular said, referring to Atty. Paul Lawrence Lim, who is Duterte’s legal counsel.

“I think matters in relation to the trial court should be referred to him,” he added.

Gular’s remarks came after impeachment spokesperson Reginald Tongol said Sunday that double jeopardy does not apply to impeachment proceedings.

“The principle of ‘double jeopardy’ does not apply,” Tongol said. “Double jeopardy strictly applies to successive criminal proceedings.”

Tongol also said the impeachment court is distinct from regular courts, describing it as a “sui generis,” or unique, constitutional tribunal tasked with determining political accountability and fitness for office rather than criminal liability.

Meanwhile, Gular said the separate grave threats case filed against Duterte before the Quezon City Regional Trial Court has not affected the morale of her impeachment defense team.

“There’s no effect to our morale. We’ll continue to do our jobs,” Gular said.

He said the lawyers would continue representing Duterte regardless of developments surrounding the case.

“Kaming lahat na abogado, regardless of what happens, we’ll continue to do our best representing the vice president as she is our client,” he said.

“It is our duty to withstand these kinds of developments,” Gular added.