Prosec: Sara Duterte trial not optional, Senate must proceed
Sara Duterte —Photo from Inday Sara Duterte FACEBOOK
MANILA, Philippines — A member of the House prosecution team said the Senate impeachment trial of Vice President Sara Duterte is “not optional.”
Last June 25, Senate President Francis Escudero said the chamber, sitting as an impeachment court, can dismiss the case against Duterte if a motion is made and passed by a simple majority, or at least 13 votes.
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However, in an interview over DZMM on Friday, Bukidnon Rep. Jonathan Keith Flores said mostly in Filipino, “It [trial] is not optional. As soon as it is filed, as I understand it, it is the Senate’s obligation to hear and decide the case.”
Flores is a member of the House prosecution team.
The Senate convened as an impeachment court on June 10 and remanded the articles of impeachment to the House to verify that it did not violate the “one-year bar rule” and that the 20th Congress still intends to pursue the case.
A day later, the House adopted a resolution certifying that the impeachment complaint against Duterte adhered to Article XI, Section 3, Paragraph 5 of the 1987 Constitution, satisfying the first requirement.
The constitutional provision states: “No impeachment proceedings shall be initiated against the same official more than once within a period of one year.”
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But as for the second requirement, Flores said, “No certification or compliance can be done until the 20th Congress is organized and starts.”
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The 20th Congress is set to formally open its session on July 28, starting with President Ferdinand Marcos Jr.’s fourth State of the Nation Address.
Last Saturday, House prosecution panel spokesperson Antonio Bucoy said that if the Senate dismisses the impeachment complaint without a trial, their team may file a petition for certiorari with mandamus before the Supreme Court.
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Duterte is accused of culpable violation of the Constitution, bribery, graft and corruption, betrayal of public trust, and other high crimes—particularly her alleged misuse of P612.5 million in confidential funds. /jpv