
Prosecutors say ‘no one can stop' Duterte's impeachment trial
Protesters today called for the Philippine senate to follow through with the impeachment trial. (AP pic)
MANILA : House of representatives prosecutors said today that Philippine vice-president Sara Duterte's impeachment trial could not be stopped despite the senate sending the case back to them hours after convening as a court.
Prosecutors told an afternoon press briefing their case had complied strictly with the constitution, adding they would seek clarification over what they called 'confusing' senate orders.
Duterte was impeached in early February on charges of graft, corruption and an alleged assassination plot against former ally and running mate president Ferdinand Marcos.
A guilty verdict would see her removed from office and permanently barred from politics.
'No one can stop this anymore, because jurisdiction has been acquired already by the impeachment court,' said congressman Gerville Luistro, pointing to the senate's issuing of a summons for Duterte late Wednesday night.
'There will be no… withdrawal (of the impeachment case) by the house. That is not allowed by the constitution.'
Last night's 18-5 senate vote ordered the house to certify it had not violated the constitution by hearing three impeachment complaints before the one that ultimately went to a vote.
The constitution bars subjecting anyone to multiple impeachment proceedings within the same year.
But house member Ysabel Maria Zamora said the final impeachment complaint had 'consolidated all the articles' of the first three into one.
A second order to guarantee the case would move forward after new house members take their seats on June 30 was 'impossible' to fulfil as they could not speak for a future congress, prosecutors said.
Outside the senate, several hundred protesters gathered today, shouting slogans and pounding on the gates as they called for the body to follow through with the impeachment trial.
'Political survival'
The senate's vote to remand was as much a matter of 'political survival' as anything, lawyer and former senator Leila de Lima told AFP today.
De Lima, who warned more than a week ago the senate could move to kill the impeachment, said the spectre of a still-powerful Duterte was likely on lawmakers' minds.
'Loyalty, friendship, political survival. Maybe they are thinking the Dutertes are very much around even if the patriarch (ex-president Rodrigo Duterte) is in The Hague,' she said.
The elder Duterte has been imprisoned since March when he was arrested and transferred to the International Criminal Court to face charges tied to his deadly drug war.
His daughter has been widely mooted as a presidential candidate in 2028 should she survive the impeachment process.
Senators 'were trying to protect their political ambitions,' agreed congressman France Castro, who endorsed an early impeachment complaint against the vice president.
Asked at today's press briefing if he believed the senate was deliberately delaying the trial, congressman Keith Flores said the answer was clear.
'I cannot speak for everyone but for me, yes.'
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The Star
15 hours ago
- The Star
Charter experts urge Philippines Senate to proceed with Duterte impeachment trial
MANILA: The Philippines's oldest and most authoritative voice on constitutional law has urged the Senate to proceed with the impeachment trial of Vice President Sara Duterte, reminding senators that the accountability of public officials should not be thwarted by procedural inventions or partisan manoeuvring. 'At stake is not merely the fate of one official, but the integrity of the Constitution itself. Impeachment is the people's mechanism to enforce Accountability of Public Officials. It must not be thwarted by procedural invention or partisan manoeuvre,' the Philippine Constitution Association (Philconsa), led by its chairman, retired Chief Justice Reynato Puno, said in a statement. Philconsa issued the statement after the Senate convened as an impeachment court but opted to remand the Articles of Impeachment to the House of Representatives, citing alleged 'constitutional infirmities' that needed to be addressed. The supposed 'constitutional infirmities' were raised by the Duterte bloc, staunch allies of Vice President Duterte and her father, former President Rodrigo Duterte. Among the issues cited was the lack of certification, which Philconsa argued is neither required by the Constitution nor supported by established impeachment practice. Four key constitutional concerns were raised by the Senate's remand: > Grave abuse of discretion: Whether the Senate unlawfully suspended its jurisdiction, already validly acquired as an impeachment court. > Encroachment on the House's exclusive power: Whether requiring the House to certify compliance with the one-year ban infringes upon the House's sole prerogative under Article XI, Section 3 of the Constitution. > Circumlocutory delay: Whether imposing novel requirements not found in the Constitution or Senate rules constitutes a circumlocutory device designed to delay or defeat the trial. > Due process and impartiality: Whether raising possible defences on behalf of the respondent compromises the impartiality of the Senate as an impeachment court. Philconsa reminded the Senate that once convened as an impeachment court, its jurisdiction 'cannot be lost or suspended by mere procedural acts.' Citing the 1997 case of Republic vs. Sandiganbayan, Philconsa said, 'jurisdiction, once validly acquired, is not lost by subsequent happenings. It continues until the case is finally resolved or dismissed.' It also pointed out that the principle of continuing jurisdiction has been an established practice, including during the impeachment trial of former US President Bill Clinton. The House of Representatives has since adopted a resolution certifying that the impeachment complaint against Duterte complies with constitutional requirements. However, it deferred acceptance of the articles of impeachment until the Senate responds to clarificatory questions submitted by the House prosecution panel regarding the remand order. Vice President Duterte, who faces allegations including corruption and plotting to assassinate President Ferdinand Marcos Jr., has denied all wrongdoing and dismissed the impeachment efforts as politically motivated. If the trial proceeds and results in her conviction, she could be removed from office and face a lifetime ban from holding public office. The Senate's decision has sparked public outcry, with protests erupting outside the Senate complex and various groups decrying the move as a betrayal of the Constitution. Malacanang has distanced itself from the controversy, stating that the President is not involved in the Senate's deliberations, but emphasised the importance of adhering to legal procedures. - Philippine Daily Inquirer/ANN


Free Malaysia Today
a day ago
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Prosecutors say ‘no one can stop' Duterte's impeachment trial
Protesters today called for the Philippine senate to follow through with the impeachment trial. (AP pic) MANILA : House of representatives prosecutors said today that Philippine vice-president Sara Duterte's impeachment trial could not be stopped despite the senate sending the case back to them hours after convening as a court. Prosecutors told an afternoon press briefing their case had complied strictly with the constitution, adding they would seek clarification over what they called 'confusing' senate orders. Duterte was impeached in early February on charges of graft, corruption and an alleged assassination plot against former ally and running mate president Ferdinand Marcos. A guilty verdict would see her removed from office and permanently barred from politics. 'No one can stop this anymore, because jurisdiction has been acquired already by the impeachment court,' said congressman Gerville Luistro, pointing to the senate's issuing of a summons for Duterte late Wednesday night. 'There will be no… withdrawal (of the impeachment case) by the house. That is not allowed by the constitution.' Last night's 18-5 senate vote ordered the house to certify it had not violated the constitution by hearing three impeachment complaints before the one that ultimately went to a vote. The constitution bars subjecting anyone to multiple impeachment proceedings within the same year. But house member Ysabel Maria Zamora said the final impeachment complaint had 'consolidated all the articles' of the first three into one. A second order to guarantee the case would move forward after new house members take their seats on June 30 was 'impossible' to fulfil as they could not speak for a future congress, prosecutors said. Outside the senate, several hundred protesters gathered today, shouting slogans and pounding on the gates as they called for the body to follow through with the impeachment trial. 'Political survival' The senate's vote to remand was as much a matter of 'political survival' as anything, lawyer and former senator Leila de Lima told AFP today. De Lima, who warned more than a week ago the senate could move to kill the impeachment, said the spectre of a still-powerful Duterte was likely on lawmakers' minds. 'Loyalty, friendship, political survival. Maybe they are thinking the Dutertes are very much around even if the patriarch (ex-president Rodrigo Duterte) is in The Hague,' she said. The elder Duterte has been imprisoned since March when he was arrested and transferred to the International Criminal Court to face charges tied to his deadly drug war. His daughter has been widely mooted as a presidential candidate in 2028 should she survive the impeachment process. Senators 'were trying to protect their political ambitions,' agreed congressman France Castro, who endorsed an early impeachment complaint against the vice president. Asked at today's press briefing if he believed the senate was deliberately delaying the trial, congressman Keith Flores said the answer was clear. 'I cannot speak for everyone but for me, yes.'


Free Malaysia Today
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