A HOUSE prosecutor has underscored the critical importance of lessons from the impeachment trials of former President Joseph “Erap” Estrada and Chief Justice Renato Corona in shaping the prosecution’s approach to the trial of Vice President Sara Duterte.
San Juan Rep. Ysabel Maria Zamora, a member of the House prosecution panel, said that those past proceedings offer valuable insights on public support, legal strategy and evidentiary standards, which the House prosecution panel must carefully consider.
“The prosecution has already been reviewing, studying and preparing for the trial,” Zamora stated during a forum organized by the University of the Philippines College of Law on the impeachment trial of VP Duterte.
“Learning from the Erap impeachment, public support is very important as this is a political exercise. The influence of the public is very important, we should muster the public’s support in this case,” Zamora added.
She underscored the necessity of being well-prepared to present strong evidence for each Article of Impeachment, stressing, “We should be ready… to defend these Articles and have evidence for each so we won’t be berated by… our senator-judges.”
Addressing procedural aspects, Zamora referenced previous Senate rules regarding the Senate’s role in impeachment trials.
“There is Section 11, if I am not mistaken, that an adjournment of the Senate sitting as a trial court shall not operate as an adjournment of the Senate as a legislative body,” she noted.
“In my humble opinion, I think the reverse should actually be stated as well, so as to remove all of these issues on whether we can proceed with trial,” she said.
On the standard required for conviction, Zamora emphasized the need for compelling evidence that would not only justify removal from office but also perpetual disqualification from holding public office.
“Going back to the requisite standard that we need to convict… it should be something that will convince a senator or even a layperson to remove the official,” she explained.
“And it should be convincing enough that it carries the consequence that he or she will be further disqualified from (holding) future office,” she added.
She recalled the perspective of constitutional law expert Fr. Joaquin Bernas, who described impeachment as ultimately a political process that relies heavily on the gut feel of senator-judges.
“I remember also the standard mentioned by Bernas in his impeachment primer – since it is a political exercise, the standard is his gut feel, the gut feel of the senators that is required,” Zamora said.
Zamora also called for more informed public discourse on impeachment, stressing, “We should really elevate the level of discourse as regards to impeachment.”
The UP College of Law forum served as a venue for legal experts and practitioners to discuss the nuances of impeachment.
Zamora also stressed that impeachment is not just a legal battle but also a test of democratic accountability, adding that public engagement and a well-informed citizenry are crucial in upholding justice and constitutional order.
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