REP. Leila de Lima (PL, ML) yesterday expressed apprehension over the Supreme Court’s order requiring the House of Representatives to say how the impeachment process was initiated against Vice President Sara Duterte, saying it appears the tribunal is meddling in the affairs of a co-equal branch in government.
“Hindi kaya sumobra ang pakikialam ng Korte Suprema sa proseso ng impeachment, na nanggagaling sa House of Representatives? (Isn’t the Supreme Court overstepping its boundaries by interfering in the impeachment process initiated by the House of Representatives?” De Lima told radio dzBB.
De Lima, a member of the House’s 11-man prosecution panel, was reacting to the SC’s July 8 order, which was made public last Friday, ordering the House and the Senate, within 10 calendar days, to submit a written reply detailing how the impeachment case was initiated against Duterte last February.
“The SC asked almost nothing from the Senate but more from the House of Representatives. I am very concerned about that,” De Lima, a former senator and justice secretary, De Lima said in mixed Filipino and English.
The SC wants to know the status of the first three impeachment complaints filed by civil society groups against Duterte. It ordered the House to explain the basis and authority of House Secretary General Reginald Velasco to refuse the transmittal of the complaints to the Office of the Speaker, an act which paved the way for the referral of the fourth complaint filed by House members.
The SC issued the order after consolidating two petitions seeking to stop the impeachment trial against Duterte. The petitions, one filed by the Vice President and the other by lawyers led by Israelito Torreo, seek to declare the impeachment complaint null and void.
De Lima warned that the Senate, sitting as an impeachment court, may use SC’s order to further delay the trial which is expected to begin when the 20th Congress opens session on July 28, or about six months since the articles of impeachment were transmitted by the House to the Senate.
“The Senate may cite it as a reason, that out of judicial courtesy sa Supreme Court, so that the issues raised in those two petitions will not be rendered moot and academic, it won’t act pending the final resolution of the petitions,” De Lima said.
De Lima maintained that the fourth impeachment complaint, which was the one referred to the Senate for trial, did not violate the constitutional one-year bar rule on filing impeachment complaints.
“There could only be a violation if the first complaint was immediately forwarded to the Speaker, was included in the Order of Business, and referred to the justice committee, so that would bar the three other complaints,” she said.
The House impeached Duterte on February 5. While there were four impeachment complaints filed against her, only one proceeding was initiated by the House endorsed the fourth complaint filed by its leaders, and archived the three others which were all filed in December last year.
The prosecution has said initiation only happens when the complaint is endorsed to the House Committee on Justice, and that did not happen to the first three impeachment complaints filed against Duterte by civil society groups.
‘JOB’
Sen. Panfilo Lacson asked fellow senator-judges to leave to the prosecution and defense teams the filing of motions and pleadings related to the impeachment.
Lacson issued the “gentle caution” after impeachment court spokesman Reginald Tongol on Saturday said “heated debates” are expected when Sen. Ronald dela Rosa pushes through with his plan to ask the Senate if it is willing to hear the articles of impeachment when the trial proper starts.
Lacson said the job of senator-judges “is to listen to their arguments and counter-arguments and make a ruling.”
Dela Rosa last week that he will raise the issue on whether the Senate of the current 20th Congress will still pursue the impeachment complaint – which was transmitted during the 19th Congress – because the chamber has a new set of senators.
Lacson maintained a motion to dismiss should not come from a senator-judge.
In an earlier radio interview, he said he will oppose any move to dismiss the impeachment complaint without first hearing arguments from the prosecution and defense teams.
He said that the Constitution provides that the role of the Senate as an impeachment court is to try and decide whether they will convict or acquit an impeachable official.
He said is it “improper, inappropriate, and a mockery of the system” since judges, even in ordinary trial courts, do not move to dismiss a case presented before him or her.
The Vice President is facing seven Articles of Impeachment for alleged betrayal of public trust, culpable violation of the constitution, graft and corruption, and other high crimes.
The House impeached Duterte on February 5 based on various allegations, including her alleged misuse of some P612.5 million in confidential funds disbursed by the Department of Education and the Office of the Vice President using alleged dubious recipients. The complaint also cited Duterte’s spending of P125 million in confidential funds in 11 days. – With Raymond Africa
