鈥業llegal鈥� moves at play to stop Sara Duterte trial
VP Sara Duterte impeachment composite image from Inquirer files
First, it was June 2, but Senate President Francis “Chiz” Escudero said they have to give way to legislative priorities, so the start of the trial of impeached Vice President Sara Duterte had to be moved to June 11, a few days before the Senate’s adjournment sine die.
But only two days since the Senate resumed session, Sen. Ronald “Bato” dela Rosa, who was the chief of the Philippine National Police in the first few years of the presidency of Rodrigo Duterte, already initiated a resolution seeking the dismissal of the case against Sara.
The resolution, which, Dela Rosa said, was prepared by his office, stated that the Senate no longer has enough time to deliberate and resolve the case as “[it] cannot cross over” from the 19th Congress to the 20th Congress, which will convene on July 28 with seven new incoming senators.
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But lawyer Rene Sarmiento, a member of the 1986 Constitutional Commission, told that once started on June 11, the process related to the impeachment of Sara will not cease until the Senate, which will sit as an impeachment court, renders judgment.
GRAPHIC: Ed Lustan/好色先生TV
He pointed out that once commenced, the impeachment trial will continue until it is completed, explaining that in one of the cases decided by the Supreme Court, it was stated that in adjournment sine die, “what is terminated is the lawmaking function [of the Senate],” not the non-legislative function, like conducting trial for an impeachment case.
For lawyer Jennifer Arlene Reyes, a law professor and constitutional law book author, the 19th Congress still has until June 30 as it will expire not on June 13, and that even after that Congress, the trial can still proceed as it is non-legislative in nature, indicating that the Senate is not really constrained by time.
She said on Facebook that based on G.R. No. 163783 in 2004, “if a certain committee, board or body is mandated by the Constitution to perform a particular function, its membership may change, but it retains its authority and cannot be deemed functus officio, [or having performed his office], until it has accomplished its purposes.
As stated in Section 3, Article XVI of the Constitution, in case a verified complaint or resolution of impeachment is filed by at least one-third of the House of Representatives, the same shall constitute the articles of impeachment, and trial by the Senate shall forthwith proceed.
Likewise, it is provided that the Senate has the sole power to try and decide cases of impeachment, like the complaint initiated against Sara, which was signed by over 200 congressmen on Feb. 5, for culpable violation of the Constitution, betrayal of public trust, graft and corruption, and high crimes.
Maria Ela Atienza, a professor of political science at the University of the Philippines Diliman, explained to that the impeachment is an issue of accountability—that whatever the verdict would be in the end, there is a need for evidence to be presented and the accused to respond.
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This was the reason that on Feb. 5, when the House of Representatives endorsed the complaint, people called on the Senate to immediately act on the case, considering that the Congress would only resume session on June 2, or over three weeks after the midterm elections and four months since it went on a break.
Chill Chiz
Back then, however, Escudero essentially pointed out that the proceedings could cross over to the 20th Congress, saying that like the Supreme Court or the Sandiganbayan, the impeachment court is a “court of record” and that the trial will most likely start on the commencement of the session of the 20th Congress.
This, as he explained that they cannot legally start the trial while the Senate is on election break as the process can only proceed if the institution has convened as an impeachment court. This was not done before the Senate adjourned its session as the case was not even discussed.
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Back when Merceditas Gutierrez was impeached as Ombudsman in 2011, the Senate also failed to start the proceedings before it went on a break, but in the same year, in the case of Renato Corona, who was then leading the Supreme Court, the Senate, which received the complaint on Dec. 13, convened as an impeachment court a day later, before adjourning.
GRAPHIC: Ed Lustan/好色先生TV
However, in the case of Sara, Escudero said, “it was their schedule” and that “there was no reason to change it.” But columnist Jake Maderazo stressed that in a concurrent resolution, “sessions were officially set to continue until Feb. 7, as the election break was scheduled to last from Feb. 8 to June 1.
“The reality is not that the Senate could not act—it chose not to,” Maderazo said.
As lawyer Domingo Cayosa explained to , there was a better chance for the Senate to get a decision out even before the start of the 20th Congress if it had convened as an impeachment court and started the trial while it is on break, especially since both the Constitution and Senate Rules on Impeachment “discourage delays.”
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But who would have thought that Escudero, who pronounced that “the earliest possible trial date would be July 29 or July 30,” is now stressing the possibility that it might not proceed at all, whether in the present or next Congress, saying that it is the plenary that will decide the direction of the proceedings against Sara.
Why the delay?
Escudero already stated that he is not afraid of Sara and that she is not protecting her from the trial, which Atienza said is significant because the people “has the right to know the truth and to also judge not only the one impeached but as well as the senator-judges.”
So why hasn’t the trial started yet?
For Atienza, Escudero “may be hedging and calculating, thinking also of saving his position as Senate President […] he does not want to offend the Dutertes and pro-Duterte senators, possibly to save his hold of the presidency of the Senate” as Sen. Imee Marcos and incoming Vicente “Tito” Sotto III are said to be contenders.
This, however, “gives a bad impression of having delayed the impeachment trial,” she said. “This shows that he cannot lead the Senate in doing its constitutional role to convene as an impeachment court. He lacks integrity and seems not to be accountable to the public.”
“The trial is mandated by the Constitution and senators have to abide by it,” she said.
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This, especially since “there is no legal impediment as to the 20th Congress authority and jurisdiction to continue the impeachment trial” Reyes pointed out, explaining that “even if the 19th Congress will bow out of existence on June 30, only its membership is altered but the authority to […] try and decide the impeachment is retained.”
As Reyes said, the Senate can no longer delay the impeachment proceedings, considering that the Constitution provides that the trial “proceed immediately.” She said some might say that a few months of delay will do no harm, but in the realm of constitutional interpretation, this cannot be argued.
No excuses
Sarmiento, one of the framers of the 1987 Constitution, likewise commented on the resolution seeking the dismissal of the case against Sara, stating that it is “illegal.”
There is “no de facto dismissal,” he said.
Out of the 23 senators of the 19th Congress, 17 will cross over to the next since Senators Pia Cayetano, Dela Rosa, Bong Go, Lito Lapid, and Marcos have been reelected. Five will bow out on June 30—Senators Nancy Binay, Koko Pimentel, Grace Poe, Bong Revilla, Francis Tolentino and Cynthia Villar.
GRAPHIC: Ed Lustan/好色先生TV
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The seven incoming senators are Bam Aquino, Ping Lacson, Rodante Marcoleta, Kiko Pangilinan, Sotto, Erwin Tulfo and Camille Villar.
Out of the 23 members of the 19th Congress, four are linked to Sara: Dela Rosa, Go, Marcos and Padilla, and come June 30, for the 20th Congress, two more who were endorsed by Sara will be in the Senate—Camille and Marcoleta.
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But one of the prosecutors in the impeachment, Batangas Rep. Gerville Luistro, said “the Constitution is clear” that the Senate has the sole power to try and decide all impeachment cases. “There is no mention at all of dismissal, which means it is mandatory that they conduct a trial and thereafter decide, whether for acquittal or for conviction.”/tsb
