IMPEACH ASAP
WHILE the House prosecution panel respects Senate decision on Vice President Sara Duterte’s impeachment case, it stresses that the Constitution mandates an immediate trial.
According to the House prosecutors, the impeachment trial should start “as soon as possible” pursuant to the mandate of the Constitution.
“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, said in 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 live 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 Party-list, 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.
In such an eventuality, Gutierrez said the House may opt to replace the loser-member in the prosecution team.
Defensor also said starting Vice President Sara Duterte’s impeachment trial sooner than later is likewise in the interest of justice and due process.
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.
