SC seeks Palace, Congress comment on VP impeachment plea

MANILA, Philippines — The Supreme Court (SC) has directed the House of Representatives and the Senate to comment on the petition of Vice President Sara Duterte seeking to nullify her impeachment as well as stop her coming trial.

The high tribunal gave both chambers of Congress a non-extendible period of 10 days upon receipt of the order to file their comment, SC spokesperson Camille Sue Mae Ting said.

In a petition filed with the SC on Feb. 17, Duterte alleged the impeachment complaint transmitted by the House of Representatives to the Senate for trial violated the constitutional provision that bars the filing of more than one complaint within one year from the start of proceedings.

In her petition, Duterte asked the SC to issue a temporary restraining order to stop the Senate from acting on the fourth impeachment complaint, and a writ of preliminary injunction to prevent the chamber from proceeding with her trial.

She said three separate impeachment complaints had already been filed before the House of Representatives and the transmittal of the fourth to the Senate should have been prohibited as provided for under Section 3(5), Article XI of the Constitution.

Under such provision, no impeachment proceedings “shall be initiated against the same official more than once within a period of one year.”

Duterte accused the House of Representatives of “deliberately circumventing” the one-year bar provision when it supposedly directed Secretary General Reginald Velasco to “withhold” the first three complaints to give lawmakers more time to file the fourth impeachment complaint.

She contended that this amounted to grave abuse of discretion or lack or excess of jurisdiction.

The Vice President also warned that allowing the impeachment to proceed will “result in the abhorrent practice by the Congress of dangling the threat of an impeachment proceeding against any impeachable officers in perpetuity.”

The fourth impeachment complaint was transmitted to the Senate on Feb. 5 after it was endorsed by 215 members of the House of Representatives. The complaint accused Duterte of culpable violation of the Constitution, betrayal of public trust and other high crimes.

The first three impeachment complaints cited by Duterte in her petition were those filed in December by Akbayan Citizen’s Action Party Rep. Percival Cendana, Makabayan Koalisyon ng Mamamayan Rep. France L. Castro and Ang Asosasyon San Mangunguma Nga Bisaya OWA Mangunguma Inc.

‘Awkward position’

At Malacañang, Presidential Communications Undersecretary Claire Castro said President Marcos taking the initiative to ask Congress to hold a special session for the impeachment trial of Duterte would put him in an “awkward” position, as this would validate allegations that he was behind the effort to have the Vice President impeached and convicted in a trial.

Marcos has repeatedly denied involvement in the impeachment of the Vice President, an ally-turned-enemy of his administration.

Various groups have called on the Senate to conduct the impeachment trial even during the break, but Senate President Francis Escudero said it would most likely begin “when the new Congress already enters into its function” or after Marcos’ State of the Nation Address in July.

But Senate Minority Leader Aquilino Pimentel III argued that the impeachment trial should proceed “forthwith” or immediately as provided for under the Constitution.

Castro said there are various opinions with regard to the Constitution’s provisions on impeachment. She said the holding of an impeachment trial during a break is a grey area in the Charter.

“If you will look and read the provisions of the Constitution, you will see ‘to forthwith proceed,’ right? But you will not see a time element – is it ‘to forthwith proceed’ even during recess? Because they can proceed definitely if there is a session, there’s no question about that. But to proceed during recess, that is a grey area in the Constitution,” the Palace press officer said.

Asked if she thought a special session could be held for a matter that is not about legislation, Castro replied: “If you notice in the Constitution, the President may call special session anytime. So with that, it is not limited to the urgency in relation to a bill or a legislation. But we believe... it (also includes) the impeachment trial because it’s anytime without any condition.”

Eye on Tolentino

With an uncooperative Escudero, Pimentel is now turning to Majority Leader Francis Tolentino for help to immediately set into motion Duterte’s impeachment trial. Tolentino chairs the committee on rules to which Escudero referred Pimentel’s appeal to the Senate President for the holding of a caucus to discuss Duterte’s impeachment trial.

“The Senate Majority Leader should now set the stage for the impeachment in keeping with the mandate of the Constitution,” Pimentel said in a statement yesterday. “Preparatory work for the impeachment can proceed immediately as these actions are separate and distinct from the legislative functions of Congress,” he said.

“The Senate must address the impeachment complaint against Vice President Sara Duterte with the seriousness and speed it deserves. It is time for the leadership to take the lead in ensuring the Constitution is followed,” Pimentel said in a statement.

“The Senate’s committee on rules must forthwith, immediately, right away and without delay review the impeachment guidelines,” Pimentel added.

“We have a constitutional duty that must take precedence over our reelection bid. While we may be busy with our campaigns, the best campaign is fulfilling our constitutional responsibilities. I trust that the upcoming election will not interfere with our mandate,” he stressed.

Tolentino is one of the seven senators seeking reelection. The other six are Senators Pia Cayetano, Ronald dela Rosa, Bong Go, Lito Lapid, Imee Marcos and Ramon Bong Revilla Jr.

Pimentel said Tolentino’s committee can either reaffirm the existing rules in their entirety or propose targeted amendments that better align with the constitutional intent.

For San Juan Rep. Ysabel Maria Zamora, the Senate does not need a special session to convene as an impeachment court. “The Constitution is clear that trial shall forthwith proceed. For us, the Senate is already the impeachment court even if it is on recess,” Zamora said.

She also defended President Marcos’ decision not to intervene, citing the separation of powers between branches of government.

“The executive is a separate branch of government; thus it is right for the President not to call for a special session,” she added.

Meanwhile, 1RIDER Partylist Rep. Rodge Gutierrez pointed out that the Palace was just being consistent in its stance on the impeachment process.

“But in any case, if we look at the Constitution, this is a responsibility that primarily falls on the Senate. We respectfully and eagerly anticipate the Senate’s action on this matter,” Gutierrez added. — Cecille Suerte Felipe, Jose Rodel Clapano, Marc Jayson Cayabyab