Ex-IBP chief: Senate can't dismiss VP Sara impeachment via resolution
Former Integrated Bar of the Philippines President (IBP) Atty. Domingo Cayosa on Tuesday said the Senate cannot dismiss the impeachment case against Vice President Sara Duterte through a Senate resolution.
'Hindi ho pwede 'yun, ano (that's not allowed),' Cayosa said on Unang Balita.
Cayosa's statement comes after Senator Robin Padilla on Monday filed a resolution seeking to declare as terminated the impeachment proceedings against Duterte.
In his Senate Resolution 1371, Padilla said that the 19th Congress will adjourn sine die on Friday, June 13, and thus, "all pending matters and proceedings shall terminate upon the expiration of one (1) Congress."
Previously, Senator Ronald 'Bato' Dela Rosa also admitted that he was also behind a Senate resolution seeking to dismiss the impeachment case against Duterte.
Dela Rosa and Padilla are known allies of the Duterte family.
Cayosa, meanwhile, urged senators to maintain a semblance of impartiality in the impeachment process.
"Nakakalungkot lang 'yan sapagkat malinaw naman ang kanilang role bilang hukom,' Cayosa said.
(It's just unfortunate because their role as judges is clearly defined.)
'Saan ka nakakita ng sitwasyon na kung saan handang-handa ang prosecution, handang-handa ang depensa, pero 'yung hukom sasabihin nila ayaw nila?' he added.
(Where have you seen a situation where the prosecution is fully prepared, the defense is fully prepared, but the judges say they don't want to proceed?)
'Impractical'
Cayosa also said that it is 'impractical' to finish the trial in 19 days, as proposed by Senator Francis Tolentino.
'Sa tingin ko ho mahihirapan sila. Wag naman sana— dinelay na nga nila ito. Ngayong sinimulan, eh papaspasan naman," Cayosa said.
(I think they will have a hard time. Hopefully not— they already delayed this. Now that it has started, they're rushing it.)
"You know, everybody must be given due process,' added Cayosa.
'Kagagawan ho nila 'yung delay eh. So wag naman ho nila gawing rason 'yan para i-railroad kung ano man ito,' he added.
(The delay was their doing, so they shouldn't use that as a reason to railroad whatever this is.)
According to Cayosa, the senators should also not worry about the trial carrying over to the 20th Congress.
''Yun ho ang sinasabi ng Constitution, 'yun ho ang sinasabi ng jurisprudence, at 'yun ho ang sinusunod ng ibang impeachment courts na kagaya ng ating istraktura sa Pilipinas,' he said.
(That's what the Constitution says, that's what jurisprudence says, and that's what other impeachment courts similar to our structure in the Philippines also follow.)
On Monday night, Senate President Francis Escudero took his oath as presiding officer of the impeachment court in the trial of the Vice President.
The rest of the senators are expected to take their oaths as senator-judges in the impeachment trial at 4 p.m. on Tuesday. —Joahna Lei Casilao/ VAL, GMA Integrated News
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
GMA Network
3 hours ago
- GMA Network
Bato says Senate action showed impeachment rap ‘infirm'; Koko disappointed
The approved motion to return the articles of impeachment against Vice President Sara Duterte to the House of Representatives, even without dismissing or terminating them, is a victory, Senator Ronald "Bato" Dela Rosa said Tuesday. 'Yes, the mere fact that the court approved the returning of articles of impeachment to the House of Representatives is a manifestation that they agree to my previous speech that the impeachment court is constitutionally infirm,' Dela Rosa told reporters. The Senate had convened as an impeachment court earlier in the day, after the senators were sworn in as senator-judges and a day after Senate President Francis "Chiz" Escudero took his oath as the trial's presiding officer. Duterte was impeached by the House in February, after 215 and eventually 240 House members signed a fourth impeachment complaint against her. Dela Rosa, a very close ally of the Duterte family, has moved to dismiss the impeachment complaint, saying that the House violated Article XI, Section 2, paragraph 5 of the Constitution which states, "No impeachment proceedings shall be initiated against the same official more than once within a period of one year," with four separate impeachment complaints filed against Duterte. Another ally of the Dutertes, Senator Imee Marcos, said that the impeachment of the Vice President does not aim for accountability but early disqualification. 'Ang uuwian [ng impeachment] ay disqualification. Tanggal sa opisina lang yun. Magpakatotoo tayo parang ito ay glorified, early disqualification. Seryosohin naman natin ang impeachment. Wag nating paglaruan ang saligang batas,' Marcos said in an ambush interview. (The impeachment will lead to disqualification and removal from office. Let's be real, this is like a glorified early disqualification. Let's take the impeachment seriously.) The senator also said that if the Vice President needs accountability, she can face the multiple charges filed against her by the National Bureau of Investigation, the Philippine National Police, and the Department of Justice, among others. Marcos reiterated her position in questioning the validity of the impeachment complaint. 'Mas maigi isaayos na muna nila. Wala namang pagbabawal na magpila ulit ng impeachment complaint [It's better that they iron it out first. No one's saying they can't file another impeachment complaint],' she said. Disappointed On the other hand, Senator Minority Leader Aquilino "Koko" Pimentel III expressed disappointment with tonight's outcome. 'Ako'y nalulungkot; may saving grace na lang tayo na may pinadala na summons [I'm disappointed, but we have a saving grace that a summons was issued],' he said, referring to the court's issuing a summons to Duterte, directing her to file her answers within 10 days. He also noted that there is no concept of "return to sender" in legal proceedings, after the majority of senators moved to "remand" the impeachment complaint back to the House. Senator Sherwin Gatchalian, while he voted against returning the complaint, said he respects the decision of the majority. 'But if you ask me, maganda sana na pag-uusapan yan during the trial proper kasi yun transparent at fair sa lahat. Hindi naman ibig sabihin kung pinakinggan na ito sa trial proper, matutuloy siya. Pwede rin siya ma-dismiss,' Gatchalian said. (If you ask me, it would be good to discuss it during the trial proper because it would be transparent and fair to all. It does not mean that if you address it during the trial proper that the trial would continue. It could be dismissed.) 'Pero at least doon na natin napag-usapan. And yun yung proper procedure. Mag-convene na, magkaroon ng trial at ilalabas. Ako naniniwala ilalabas rin ng defense yan. So sana doon na pag-usapan,' he added. (But at least we could discuss it there. And that is the proper procedure. To convene, to have a trial, and present it. And I believe the defense would do so. So it should be discussed there.) With the motion to return the article of impeachment approved, there would be no more reading of the articles of impeachment by House prosecutors on Wednesday. — BM, GMA Integrated News
GMA Network
4 hours ago
- GMA Network
Gatchalian: Expect decision of House in 20th Congress on VP Sara's impeachment by mid-July
Senator Sherwin Gatchalian on Tuesday evening said the House of Representatives of the 20th Congress is expected to decide on whether to continue the impeachment case of Vice President Sara Duterte by mid-July. 'They (House of Representatives) will only communicate when the 20th Congress assumes, which is June 30, kasi yun ang palitan. So they have to communicate. But of course, ang House may sarili silang dynamics. Di ba wala pang Speaker at that time. Nagbubuo pa lang sila doon,' Gatchalian said. (The House of Representatives will only communicate when the 20th Congress assumes, which is June 30, kasi yun ang palitan. So they have to communicate. But the House has its own dynamics. They have no Speaker at that time.) 'Realistically, siguro makakapagpadala sila ng letter dito siguro pag buo na sila siguro mid-July (Realistically, they would send the letter once they are complete by mid-July),' he added. Earlier today, the Senate, sitting as an impeachment court, voted to return to the House of Representatives the articles of impeachment against Duterte without dismissing or terminating them. This came after Senator Ronald dela Rosa moved that the impeachment court dismiss the case against Sara Duterte. He said the House of Representatives violated the one-year ban indicated in Article XI, Section 2, paragraph 5 of the Constitution. However, Senator Alan Peter Cayetano moved to amend Dela Rosa's motion that the articles of impeachment be returned to the House of Representatives without dismissing or terminating the case until such time that: The House of Representatives certify to the non violation of Article XI, Section 3, paragraph 5 of the Constitution, which provides that 'No impeachment proceedings shall be initiated against the same official more than once within a period of one year; include the circumstances on the filing of the first three impeachment complaints; and The House of Representatives of the 20th Congress communicates to the Senate that it is willing and ready to pursue the impeachment complaint against the Vice President. With the motion approved, there would be no more presentation of prosecution on Wednesday. Still, Escudero, as the presiding officer of the impeachment court, issued a writ of summons to Sara Duterte, directing the Vice President to file her answers within 10 days. — BAP, GMA Integrated News
GMA Network
4 hours ago
- GMA Network
ICC public counsel dismisses Duterte camp's challenge on jurisdiction
A general view of the International Criminal Court on the day former president Rodrigo Duterte arrives at Rotterdam The Hague Airport after his arrest at the request of the ICC, in The Hague, Netherlands, March 12, 2025. REUTERS/ Wolfgang Rattay The International Criminal Court's (ICC) Office of the Public Counsel for Victims dismissed the defense challenge submitted by the camp of former President Rodrigo Duterte regarding the court's exercise of jurisdiction. Duterte's lawyers earlier argued that preconditions for the exercise of jurisdiction in the Situation of the Philippines were not met at the time the Pre-Trial Chamber authorized the opening of an investigation on September 15, 2021. They noted that the Philippines' withdrawal from the Rome Statute took effect on March 17, 2019 and the Pre-trial Chamber issued its decision, more than two years later. ICC Principal Counsel Paolina Massida pointed out that the Philippines' withdrawal has no legal effect as the Prosecutor's preliminary examination started even before the withdrawal took effect. 'The preliminary examination conducted by the Office of the Prosecutor in the Situation in the Republic of the Philippines must be considered as 'a matter' that was 'already under the consideration of the Court' prior to the date on which the State's withdrawal became effective and thus the Court may exercise its jurisdiction over the case against Mr Duterte,' according to the 27-page document dated June 9. Duterte pulled the Philippines out of the Hague-based ICC's Rome Statute in 2018, with the withdrawal taking effect in 2019, after the tribunal began a preliminary probe into his administration's drug war. In 2021, Supreme Court ruling said the Philippines has the obligation to cooperate with the ICC despite its withdrawal from the Rome Statute, noting that the exit does not affect criminal proceedings pertaining to acts that occurred when a country was still a state party. Duterte was arrested and is detained at the Hague Penitentiary Institution or the Scheveningen Prison while awaiting trial in March this year. With Duterte's arrest, the ICC principal counsel noted that the government's surrender of the former president shows that 'the Government of the Philippines still considered itself to be bound by the Statute when complying with the Arrest Warrant and surrendering the suspect into the custody of the Court.' 'This further provides an irrefutable proof to the effect that the Republic of the Philippines does consider that the Court still can exercise its jurisdiction over the crimes committed in its territory as described in the Warrant of Arrest against Mr Duterte, pursuant to articles 12 and 127 of the Statute,' the document further read. 'For the foregoing reasons, the Principal Counsel respectfully requests the Chamber to dismiss the Defence Challenge,' it concluded. The confirmation of charges has been set for September 23, 2025. — BAP, GMA Integrated News
