Heated debates seen as senators tackle VP impeachment jurisdiction

MANILA, Philippines — There may be a “bloodbath” after all in the impeachment trial of Vice President Sara Duterte, as senator-judges are expected to clash over jurisdictional issues less than two weeks from now when the 20th Congress convenes.

Senate impeachment court spokesman Reginald Tongol said fierce debates are expected if Sen. Ronald dela Rosa pushes through with his motion to ask the 20th Congress of the Senate if it is willing to not take up the impeachment case against Duterte.

“Yes, we are expecting that. Of course, there will be senators who will oppose. They will question the motion,” Tongol said over radio dwIZ yesterday.

He noted the debate would likely be one of the “threshold issues” on the floor.

“It will be about what the boundaries of a senator-judge are,” Tongol said.

Asked what happens if Dela Rosa secures a simple majority vote in favor of his motion, Tongol said that scenario – along with any potential motions for reconsideration or judicial review – is already being studied.

TRO?

Despite petitions filed before the Supreme Court (SC) challenging the validity of the impeachment process, Tongol said the impeachment trial will proceed – unless the high court issues a temporary restraining order (TRO).

“Actually the Senate impeachment court works independently of the SC and other branches of government. So it doesn’t need the imprimatur of the SC in performing its power to try and decide the impeachment case,” he said.

“In the absence of a TRO, the process will push through. That is not dependent on what the SC says. If a TRO is issued, the Senate impeachment court will decide if they will abide… or they will not abide,” Tongol added.

The spokesman added that while the Senate has a history of respecting SC rulings, it has also asserted its independence in past impeachment trials, such as in the cases of former president Joseph Estrada and former chief justice Renato Corona.

The Senate is currently under fire for what legal experts and critics believe as an “intended delay” on the proceedings against Duterte.

Earlier, the impeachment court turned Dela Rosa’s motion to dismiss into a motion to return the Articles of Impeachment to the House in a bid to certify that they did not violate the one-year ban when they transmitted the complaint and that the 20th Congress was willing to take on the case.

The House had already filed a certification that they did not violate any constitutional rule, but will only be able to file the second certification once the 20th Congress convenes on July 28.

Because of this, the impeachment court – through Senate President Francis Escudero and Tongol – said no court action would take place before July 28.

The Senate will open its session on July 28 with the ceremonial opening of the 20th Congress. If the House manages to transmit the documents that day, the Senate could begin proceedings as early as the afternoon of July 29.

Before any trial can begin, newly elected senators must first take their oaths as members of the impeachment court, Tongol said.

Once the Senate formally receives the necessary House certifications and reconvenes as an impeachment court, the process will move to “Step 7,” which involves notifying Vice President Duterte of the trial schedule. Only then will the court proceed to Step 8, the pre-trial phase.

“That is when both sides will present their evidence and witnesses,” Tongol explained, saying both sides may also submit written interrogatories as part of the discovery process.

“If the prosecution wants to call on Vice President Duterte as an adverse party witness, then the prosecution will send written interrogatories,” he added.

Tongol also pointed out that the Senate needs to resolve internal administrative matters first, such as electing its new Senate president and committee chairpersons, before it can resume full legislative functions.

The presiding officer – Escudero – is also expected to release a calendar for the trial once both parties are formally present.

‘Answer SC order’

Vice President Sara Duterte fired back at House of Representatives secretary general Reginald Velasco, who maintained that there were no rules violated in filing of the impeachment case against her.

“He should just answer the Supreme Court. The Supreme Court already asked for explanations on all issues that they think have irregularities. He should not explain to us, he should reply to the Supreme Court,” Duterte said in her latest interview in The Hague.

The SC has taken due course on the petitions seeking to dismiss the impeachment case against Duterte and ordered the Senate and the House of Representatives to submit details pertaining to the initiation of the case and the impending trial.

In a resolution dated July 8, only revealed to the media yesterday, the SC resolved to consolidate the two petitions seeking to stop the impeachment trial against Duterte and to declare the impeachment complaint null and void – one filed by Duterte herself and the other by several lawyers led by Israelito Torreon.

Velasco, as a respondent in the petitions, has also been required to submit the additional information enumerated in the resolution.

Velasco confirmed receipt of the SC notice to the House prosecution panel and promised to comply.

At the same time, Bicol Saro party-list Rep. Terry Ridon said the ongoing impeachment proceedings against Duterte do not violate the one-year bar rule under Section 3(5), Article XI of the 1987 Constitution.

He cited that in Francisco v. House of Representatives, and affirmed by Gutierrez v. House of Representatives, an impeachment proceeding is initiated or begins when a verified complaint is (1) filed and (2) referred to the House committee on justice for action or by the filing of an impeachment complaint by at least one-third of the members of the House of Representatives with the secretary general of the House of Representatives. — Bella Cariaso, Jose Rodel Clapano