THE Senate trial of Vice President Sara Duterte, whom the House impeached on Wednesday, should start “as soon as possible” pursuant to the mandate of the Constitution, House impeachment prosecutors said Thursday.
“Since the Constitution provides that trial shall ‘proceed forthwith,’ if we interpret ‘forthwith (immediately, right away),’ dapat po sana as soon as possible ‘yun,” House Deputy Speaker and Iloilo Rep. Lorenz Defensor, one of the prosecutors, told a press conference.
“But since the Senate is an independent body and we respect their independence, (Congress) being a bicameral legislature, we will leave that to the interpretation of the Senate,” he said.
Defensor, a lawyer, was referring to Section 3 (4) of Article XI (Accountability of Public Officers) of the Constitution, which provides:
“In case the verified complaint or resolution of impeachment is filed by one-third of all the members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.”
Defensor reiterated that the House would respect the decision of the Senate on the timeline of the trial.
“Kung tatanungin po ninyo kung June na magbubukas at magco-convene ang Senado as an impeachment court at kakapusin ng oras, tatawid po ba ito sa susunod na Kongreso? It is possible and yes we will leave it to the Senate and to the rules of the impeachment court,” he said.
However, he pointed out that the impeachment and trial process is sui generis or a class of its own that is not related to the legislative calendar of Congress.
“Kakaiba po itong proseso and it’s not part of the legislative process. Nasa Senado po ‘yan how they interpret that and since it is not part of the legislative process, pwede po nating sabihin they can convene anytime that they are ready without waiting for session to open on June 2,” he stressed.
“I heard the Senate President’s interview earlier this morning (Thursday) and he said that they will prepare first and we respect that. And they have to update their own rules of impeachment, and we also respect that. So, we leave it up to the Senate as a separate body and as an impartial body to be judges in the impeachment court. How they will proceed with the impeachment process,” Defensor added.
Another member of the House prosecution panel, Rep. Rodge Gutierrez of 1-Rider Partylist, shared Defensor’s statements on the nature of the impeachment-trial process.
“It’s sui generis, a special instance of a constitutionally mandated function of Congress,” Gutierrez, also a lawyer, said.
Gutierrez said the trial could proceed and continue even with the election of new members of the House and the House in May “because the Senate is a continuing body.”
He said the House is continuing to prepare for its participation in VP Duterte’s Senate trial.
“As we speak, the House leadership is already preparing the impeachment secretariat so we will be prepared. If ever the Senate does indeed interpret that they could proceed with trial as early as March, we will be ready. If they decide that it will continue after June 2, we will be even more ready,” he added.
For his part, Assistant Majority Leader Zia Alonto Adiong of Lanao del Sur said the May elections and the possibility that one or two members of the House prosecution panel may not be part of the incoming 20th Congress should not disrupt the impeachment trial.
“Kung meron po tayong isang kasamahan sa House of Representatives na hindi papalarin at hindi makakatuloy sa 20th Congress, if the Senate Rules on Impeachment will provide that private prosecutors can participate during the impeachment trial, then maybe they can continue as private prosecutors,” he said.
In such an eventuality, Gutierrez said the House may opt to replace this member in the prosecution team.
Defensor said starting Vice President Sara Duterte’s impeachment trial sooner than later is likewise in the interest of justice and due process.
“So, sana po maagahan ang pagsimula kasi the sooner that the evidence could be laid down, the sooner that due process can be exercised, the sooner the issues pending before us can be resolved. So, sige po, sana po maagahan dahil handa naman ang prosecution team,” he said.
“This is the perfect opportunity for all parties especially the Vice President. This is the perfect opportunity for her to be given due process, for a chance to lay down the evidence in her favor and to clarify things during the trial,” he said.
“I hope that this will be a good opportunity for evidence to be presented by both sides para matapos na po ang mga alegasyon at mabigyan ng liwanag ang sambayanan,” he added.
Defensor also revealed that the House intends to conduct an information campaign to educate the people on the issues involved in VP Duterte’s House impeachment and impending Senate trial.
“Magkakaroon tayo ng information campaign din para sa ating mga kababayan para maintindihan nila ang proseso ng impeachment to simplify it so that every citizen can understand the process. Igihan po natin na planuhin ang bawat article of impeachment, ng malatag ng simple, klaro para sa sambayanan at sa mga magiging husgado (sa Senado),” Defensor said.
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