IMPEACH TRIAL PRESSED
House prosecutor agrees with SC petition: Senate should start trial immediately
A House prosecutor yesterday backed the Supreme Court petition seeking to compel the Senate to convene as an impeachment court, emphasizing that the Constitution mandates an immediate trial for Vice President Sara Duterte.
“Pag sinabing ‘forthwith,’ ang ibig sabihin po nito ay kaagad, kaagad-agad,” 1RIDER Party-list Rep. Rodge Gutierrez, a member of the 11-man House prosecution panel, said, reiterating that the Senate has no discretion to delay the impeachment trial.
“We agree with the legal luminaries… ang taongbayan na po mismo, or at least one interested party, nag-file na po ng mandamus,” he added.
The petition for mandamus, filed by former PCGG special counsel Catalino Generillo Jr., argues that the Senate has a constitutional obligation to proceed with the impeachment trial immediately after receiving the Articles of Impeachment from the House of Representatives.
Generillo cited the phrase “shall forthwith” in the Constitution, stating that the Senate cannot delay the process.
Gutierrez explained the legal nature of the petition, saying, “Para sa kinalaman po ng lahat, ang Mandamus po ay isang action dito sa Supreme Court in which ito ay relief na humingi na aksyunan na po ng isang agency or branch of government ang isang bagay na dapat aksyunan.”
He further explained that the petitioner believes the Senate has a duty that it is failing to fulfill.
“So ibig sabihin nito, kapag nakikita ng isang tao na ang isang bagay ay responsibilidad na dapat aksyunan ng agency or branch, they seek relief with the Supreme Court,” Gutierrez said.
The House of Representatives impeached Duterte on February 5, with an overwhelming 215 lawmakers voting in favor of the complaint, which cited charges including plotting to assassinate President Ferdinand R. Marcos Jr., large-scale corruption, and betrayal of public trust.
The Articles of Impeachment were transmitted to the Senate on the same day, yet the upper chamber has yet to constitute itself as an impeachment court.
Despite the urgency of the case, some quarters have suggested delaying the trial until after the 2025 elections, claiming that the ongoing campaign period justifies the postponement.
However, Gutierrez strongly disagreed.
“I don’t believe that it is sufficient reason to delay. I think it is a constitutional mandate that has to be complied with immediately,” he argued.
House Assistant Majority Leader and Lanao del Sur Rep. Zia Alonto Adiong echoed Gutierrez’s sentiment, asserting that the Senate’s duty to conduct an impeachment trial is separate from the election season.
“This is not legislative, it is constituent power,” he stressed.
He noted that impeachment is an entirely different function of Congress that must take precedence over political concerns.
Gutierrez also pointed out that the Senate, as a continuing body, has enough members to proceed with the trial even during the campaign period.
“There are 12 senators who are not up for re-election, and the 12 senators that are up for re-election, I don’t think all of them are up for re-election naman po,” he explained.
“They can still pursue its constituent powers if it chooses to do so,” Gutierrez said.
He further emphasized that legislators must prioritize their constitutional duties over their political ambitions.
“Ang mandato natin dito… is not to run for a second campaign but to faithfully fulfill the duties that we have sworn to uphold,” Gutierrez stated.
“For as long as nandito kami, we have to pursue what we are mandated to do,” he said.
The delay in convening the impeachment court has raised concerns over whether the Senate is deliberately stalling the process to benefit Duterte. Legal experts, including election lawyer Romulo Macalintal, have argued that campaigning is not a valid excuse for postponing the impeachment trial.
Gutierrez warned that failing to act would set a dangerous precedent.
