‘VP Sara impeachment trial still alive’

MANILA, Philippines — The Senate impeachment court may reconvene and press forward with the trial of Vice President Sara Duterte even without the House prosecutors whose terms end this month, Sen. Sherwin Gatchalian said yesterday.

Stressing that Duterte’s impeachment case remains “alive” despite Senate remanding the Articles of Impeachment to the House of Representatives, Gatchalian said the court has not dismissed the articles and retains full authority over the proceedings.

“Anything after June 26, the impeachment court can convene even without the prosecutors,” Gatchalian told dzBB, clarifying that while the actual trial cannot begin without the prosecutors present, the court can still meet to address recent developments.

“Like what we witnessed last time, the prosecutors were not there but the court was able to convene to discuss developments,” he added.

Duterte received the writ of summons for her impeachment on June 12, for which she was given 10 days to answer. House prosecutors, meanwhile, have three days at most to respond to Duterte’s answer. Based on the timetable, the next movement for the impeachment court would either be on June 25 or 26.

Gatchalian said the court’s issuance of a summons to the Vice President confirms the continuity of the proceedings.

He added that the Vice President is obligated to respond to the summons within 10 days, as stipulated by Senate rules.

Gatchalian acknowledged the potential for legal maneuvering from Duterte’s legal team, such as seeking clarification as done by the impeachment court to the House of Representatives.

However, he stressed that even if such delays would arise, the court would remain alive.

For his part, outgoing Senate Majority Leader Francis Tolentino echoed Gatchalian’s position, saying that the Senate clearly reconstituted itself as an impeachment court and re-adopted the rules used during the 2012 trial of then chief justice Renato Corona.

“You will see everything in the records. We took our oath and we adopted rules. The impeachment court is alive as we speak,” he said.

Tolentino also clarified his vote on the recent motion to return the Articles of Impeachment to the House, saying he opposed the idea of a “carryover” to the 20th Congress.

He maintained, however, that the form of the motion evolved into a remand for compliance rather than a dismissal.

Tolentino added that any confusion on the part of the House prosecution panel can be resolved procedurally.

“They can file a clarificatory motion to seek guidance from the impeachment court,” he said.

Voting 18-5-0, the Senate impeachment court last week returned the Articles of Impeachment to the House, seeking certifications from prosecutors.

The first one is intended to confirm that the complaint met the constitutional requirements, including the one-third vote of all House members and the one-year ban on repeat impeachment filings.

The other seeks answer from the 20th Congress that it would pursue the impeachment trial – which House members said they could not yet comply with as the body has yet to exist.