Constitutional law expert Atty. Domingo Cayosa said the Senate should already start the impeachment trial of Vice President Sara Duterte, citing the 1987 Constitution, according to a report on Unang Balita Monday.
“Hindi naman kinakailangan matapos, but at least simulan na kasi mayroon pa silang three to four months… Malinaw ‘yung lengguwahe ng ating Konstitusyon, forthwith mag start ‘yung trial kapag natanggap nila, so ibig sabihin niyan walang delay,” Cayosa said.
(It doesn’t have to be finished, but they should at least start it now because they still have three to four months… the language of the Constitution is clear, the trial should start forthwith when they receive it, so this means there should be no delay.)
Section 3(4), Article XI of the 1987 Constitution states: In case the verified complaint or resolution of impeachment is filed by at least 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.
“Ang ginagamit nila ay legal doubts or issues, when in fact, mukhang ang matinding rason nila ay kailangan nung mga reelectionist mangampanya. ‘Yung iba naman takot sa backlash ng mga block voters,” he added.
(What they’re using are legal doubts or issues, when in fact, their reason seems to be that reelectionists need to campaign. Others, meanwhile, are afraid of backlash from block voters.)
According to Mav Gonzales’ report on Unang Balita, Cayosa believes that political instability may arise the longer the trial is delayed.
The House of Representatives impeached Duterte on February 5, with 215 lawmakers endorsing the complaint. The Articles of Impeachment were transmitted to the Senate the same day. Another 25 congressmen later signed the complaint, bringing the total to 240.
Senate President Francis “Chiz” Escudero previously said the Senate could only convene as an impeachment court when Congress is in session, meaning the trial would begin when the 20th Congress opens in July.
Due to this, a petition has been filed before the Supreme Court (SC) seeking to compel the Senate to “immediately” convene as an impeachment court and begin the trial
Cayosa, however, believes that the High Court is unlikely to grant the petition due to the separation of powers between the judiciary and legislative.
“Baka ayaw din ng SC na magkaroon ng constitutional crisis. Hindi masyadong pinapakialaman ng SC sapagkat ‘yan ‘yung tinatawag nating separation of powers saka ‘yung political question,” he said.
(The SC may not want a constitutional crisis. It does not intervene much because of the separation of powers and the political question.)
“Kung kailan sisimulan, it is at the wisdom of the elected senators at saka ‘yung respect for a co-equal branch of government,” he added.
(If it will be started, it is at the wisdom of the elected senators and the respect for the co-equal branch of government.)
Meanwhile, Cayosa said the Vice President should also be given a copy of the Articles of Impeachment.
“Simulan lang nila nang maayos na kasi unfair din po sa Vice President… Kasi ‘yung complaint, nandoon na sa website, naisapubliko na, eh, pero wala pang pormal na sagot ‘yung kabila,” he said.
(They should start it because it is also unfair to the Vice President… Because the complaint is already posted on the website, it was already made public, but the other camp has yet to issue a formal response.) —Joahna Lei Casilao/AOL, GMA Integrated News
