Senate to make trial easier to understand

MANILA, Philippines — The Senate impeachment court is looking at ways to make the impeachment trial of Vice President Sara Duterte easier for the public to understand without compromising legal procedures, Senate President Sherwin Gatchalian said yesterday.

Following observations from some legal experts that the trial has been too technical and legalistic, Gatchalian said the first week of the proceedings has been an adjustment period.

“We have to remember this is only the first week. Many are still adjusting. The senator-judges are adjusting, and I’m sure the prosecution and defense are also adjusting,” Gatchalian said.

The Senate President said the impeachment court is sui generis, or one of a kind, requiring participants to determine how they can better explain the proceedings to the public while complying with legal requirements.

Gatchalian defended the questioning styles of senator-judges, saying they are given wide latitude under the Senate’s impeachment rules.

“That is the right of our senator-judges. Even during the Corona impeachment trial, then-Senate president Juan Ponce Enrile gave senator-judges considerable elbow room to ask questions. They have the right to seek information, and that is consistent with our rules,” he said.

Meanwhile, impeachment court spokesman Regie Tongol acknowledged concerns that the proceedings have been difficult for the public to follow but said the court must adhere to the rules of evidence, the Rules of Court and the Senate’s impeachment rules to protect the rights of both parties.

Tongol said proceedings cannot be conducted like an ordinary congressional investigation because impeachment is a judicial process that requires formal court procedures and observance of due process.

‘Trial may continue even if VP resigns’

The impeachment trial of Vice President Duterte may continue even if she resigns as the possible penalties include perpetual disqualification from office, Tongol said on Friday.

Speaking on “Storycon” on One News, Tongol explained that a conviction by an impeachment court carries not only the penalty of removal from office.

“The impeachment proceedings may still push through because there is another possible penalty, which is the perpetual disqualification,” he said.

Although this is not explicitly stated in the rules, he noted that the impeachment proceedings in the Philippines are patterned after the United States. “That is what the authorities in the US are saying, that the trial may still proceed even after the resignation of an impeachable officer,” he added.

Duterte has not shown any indication that she would step down from her post.

“In this bloodbath and bludgeoning, I will be bloodied but unbowed,” she said in a short statement delivered at the Senate on Tuesday. She did not attend the trial.

According to Tongol, there are conflicting positions as to whether Duterte can be summoned as a prosecution witness. But the impeachment court has yet to take any action on the matter since there is still no motion requesting for a subpoena to direct the Vice President to testify, he added.

The Senate remains prepared for the Vice President to attend the impeachment trial at any time, with a holding room reserved for her throughout the proceedings, Tongol said.

“The Senate, through the Office of the Senate Secretary, prepared a holding room for the Vice President out of respect for the office that she holds and her stature in our system of government,” the impeachment court spokesman added.

“The holding room is always ready for her. Whether she appears or not, the Senate remains prepared for her arrival,” Tongol added, noting that if Duterte attends, she will be seated in the Senate session hall’s VIP gallery.

Prohibited

Meanwhile, Tongol said that the Senate’s impeachment rules prohibit senator-judges and parties to the case from publicly discussing the merits of the impeachment complaint, following a social media post by Sen. Robinhood Padilla about evidence presented during the trial.

Tongol made the statement after being asked whether Padilla’s Facebook post discussing the authenticity of a video presented by the prosecution could fall under the Senate’s sub judice rule.

“If you read Rule 18 of the Senate Impeachment Rules, senator-judges, House prosecutors, defense counsel and private counsel for the prosecution are not allowed to speak about the merits of the case,” Tongol told reporters.

“I am not saying Senator-Judge Robin committed a violation. I am not a senator who can make that determination,” Tongol said.

He explained that any concern over possible violations of the rule should come from the senator-judges themselves, adding that the matter could be addressed by the impeachment court if raised. — Janvic Mateo