The Senate trial of Vice President Sara Duterte, whom the House impeached on Wednesday, should start “as soon as possible” pursuant to the mandate of the Constitution, House impeachment prosecutors said Thursday.
“Since the Constitution provides that trial shall ‘proceed forthwith,’ if we interpret ‘forthwith (immediately, right away)’ it should be done as soon as possible,” House Deputy Speaker and Iloilo Rep. Lorenz Defensor, one of the prosecutors, told a press conference.
“But since the Senate is an independent body and we respect their independence, (Congress) being a bicameral legislature, we will leave that to the interpretation of the Senate,” he said.
Defensor, a lawyer, was referring to Section 3 (4) of Article XI (Accountability of Public Officers) of the Constitution, which provides:
“In case the verified complaint or resolution of impeachment is filed by one-third of all the members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.”
Defensor reiterated that the House would respect the decision of the Senate on the timeline of the trial. However, he pointed out that the impeachment and trial process is sui generis or a class of its own that is not related to the legislative calendar of Congress.
“This is a strange process and it’s not part of the legislative process. It’s up to the Senate how they interpret that and since it is not part of the legislative process, we can say they can convene anytime that they are ready without waiting for the session to open on June 2,” he said.
Defensor said he heard Senate President Francis Escudero’s comments on the issue and “we respect that.” He said the House of Representatives “will leave it up to the Senate as a separate body” to determine how they will proceed with the impeachment process.
Another member of the House prosecution panel, Rep. Rodge Gutierrez of 1-Rider Party-list, shared Defensor’s statements on the nature of the impeachment-trial process. He said the House is continuing to prepare for its participation in VP Duterte’s impeachment trial as well.
“As we speak, the House leadership is already preparing the impeachment secretariat so we will be prepared. If ever the Senate does indeed interpret that they could proceed with trial as early as March, we will be ready. If they decide that it will continue after June 2, we will be even more ready,” Gutierrez added.
For his part, Assistant Majority Leader Zia Alonto Adiong of Lanao del Sur said the May elections and the possibility that one or two members of the House prosecution panel may not be part of the incoming 20th Congress should not disrupt the impeachment trial.
