VP Sara's impeachment trial to proceed on June 11 —Gatchalian, Tolentino
Senate session hall is being prepared for the impending impeachment trial of Vice President Sara Duterte. Photo: Office of Senate President Chiz Escudero
Senators Sherwin Gatchalian and Francis Tolentino on Sunday assured the public that the impeachment trial of Vice President Sara Duterte will proceed on June 11.
'Wala namang choice ang Senado. Hindi ito desisyon ng mga senador. Ito ay constitutional responsibility ng mga senador,' Gatchalian told Super Radyo dzBB.
(The Senate has no choice. This is not the decision of senators. It is a constitutional responsibility of senators.)
'Walang uncertainty kasi dapat namin sundan ang Constitution. Klaro sa Konstitusyon na kailangang i-convene ang impeachment court once na na-transmit na sa Senado ang Articles of Impeachment,' he added.
(There's no uncertainty because we need to follow the Constitution. It is clear in the Constitution that we need to convene the impeachment court once the Articles of Impeachment has been transmitted to the Senate.)
Tolentino shared the same sentiments as Gatchalian.
'Dapat mag-convene kasi tatanggapin namin ang Articles of Impeachment formally. 'Yung pagko-convene is part of the trial itself; 'yun 'yung simula when you take an oath,' Tolentino said in a separate dzBB interview.
(We need to convene because we will formally accept the Articles of Impeachment. Convening is part of the trial itself; it starts when you take an oath.)
Tolentino said it is possible to finish the impeachment trial in 19 days, until June 30.
He presented the possible schedule the Senate may use for Duterte's impeachment trial proceedings:
June 11: Constitutes impeachment court; 10 days for submission of the respondent's response
June 22: Reply of prosecutor
June 23: Submission of trial brief; Opening statement in the afternoon
June 24-25: Presentation of evidence on the part of prosecution
June 25-26: Defense
June 27: Rebuttal; prosecution in the morning and defense in the afternoon
June 28: 1 hour each for oral argument, defense, and prosecution
June 29: Closed door meeting
June 30: Render of judgement
However, Tolentino has yet to present this to the Senate.
Tolentino also said the prosecution can narrow down the seven Articles of Impeachment, just like during the impeachment of Chief Justice Renato Corona, where it was narrowed down from eight articles to three articles.
Integrity issues
Both Gatchalian and Tolentino also agreed that failing to convene Duterte's impeachment court could cause integrity issues for the Senate.
'Ang Senado ay guardian of democracy. Dapat itong panindigan, dahil isa 'yan sa pinakamahalagang trabaho ng Senado para may pananagutan o accountabilty 'yung mga mataas na personalidad,' Gatchalian said.
'Ayaw nating magkaroon ng credibility problem at integrity issues,' he added.
(The Senate is the guardian of democracy. We need to uphold it because this is one of the most important jobs of the Senate, so that high-ranking personalities have accountability. We don't want to have credibility problem or integrity issues.)
'I totally agree [that the image of the Senate may be ruined if we don't convene the impeachment],' Tolentino said.
Tolentino, however, maintained that unfinished business of the 19th Congress does not carry over into the 20th Congress, noting that Duterte's impeachment case will be considered 'functionally dismissed' if the Senate impeachment court is unable to finish the trial before June 30, 2025.
He said there is no provision stating 'carry over' in the Philippine Constitution.
'Ang salitang 'forthwith' ay command na naka-attach sa 19th Congress. Hindi 'yun constitutional command sa 20th Congress,' Tolentino said.
(The word 'forthwith' is a command attached to the 19th Congress. It is not a constitutional command to the 20th Congress.)
On the other hand, Gatchalian believed that the impeachment case cannot be done in one month and, therefore, will be transferred to the 20th Congress.
'Hindi ito matatapos ng isang buwan lang. Talagang tatawid ito sa 20th Congress. Sinabi na ng Korte Suprema na ang Senado ay isang continuing body. Puwede itong tumawid sa mga ganitong sitwasyon,' Gatchalian said.
(This will not be completed in one month. It will be transferred to the 20th Congress. The Supreme Court said the Senate is a continuing body. This can be carried over.)
According to former Supreme Court Associate Justice Adolf Azcuna, the Articles of Impeachment received by the Senate in the 19th Congress will not lapse with that Congress but will be carried over to the 20th Congress.
'The Trial of Impeachment Cases is not a function of Legislative Power but it is a Constituent Power,' said Azcuna, who drafted Article XI of the 1987 Constitution as a member then of the 1986 Constitutional Convention.
'So it does not fall under the rule that unfinished business lapses with the outgoing Congress because the Constitution says the opposite — that the trial must 'proceed' meaning it must continue until it is finished. It cannot proceed if it is made to lapse. Since it must proceed, it follows that it does not lapse,' he explained.
GMA News Online contacted Senate President Chiz Escudero on Sunday to get his comments but it has yet to receive a reply as of posting time. —KG, GMA Integrated News
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VP Sara's impeachment trial to proceed on June 11 —Gatchalian, Tolentino
Senate session hall is being prepared for the impending impeachment trial of Vice President Sara Duterte. Photo: Office of Senate President Chiz Escudero Senators Sherwin Gatchalian and Francis Tolentino on Sunday assured the public that the impeachment trial of Vice President Sara Duterte will proceed on June 11. 'Wala namang choice ang Senado. Hindi ito desisyon ng mga senador. Ito ay constitutional responsibility ng mga senador,' Gatchalian told Super Radyo dzBB. (The Senate has no choice. This is not the decision of senators. It is a constitutional responsibility of senators.) 'Walang uncertainty kasi dapat namin sundan ang Constitution. Klaro sa Konstitusyon na kailangang i-convene ang impeachment court once na na-transmit na sa Senado ang Articles of Impeachment,' he added. (There's no uncertainty because we need to follow the Constitution. It is clear in the Constitution that we need to convene the impeachment court once the Articles of Impeachment has been transmitted to the Senate.) Tolentino shared the same sentiments as Gatchalian. 'Dapat mag-convene kasi tatanggapin namin ang Articles of Impeachment formally. 'Yung pagko-convene is part of the trial itself; 'yun 'yung simula when you take an oath,' Tolentino said in a separate dzBB interview. (We need to convene because we will formally accept the Articles of Impeachment. Convening is part of the trial itself; it starts when you take an oath.) Tolentino said it is possible to finish the impeachment trial in 19 days, until June 30. He presented the possible schedule the Senate may use for Duterte's impeachment trial proceedings: June 11: Constitutes impeachment court; 10 days for submission of the respondent's response June 22: Reply of prosecutor June 23: Submission of trial brief; Opening statement in the afternoon June 24-25: Presentation of evidence on the part of prosecution June 25-26: Defense June 27: Rebuttal; prosecution in the morning and defense in the afternoon June 28: 1 hour each for oral argument, defense, and prosecution June 29: Closed door meeting June 30: Render of judgement However, Tolentino has yet to present this to the Senate. Tolentino also said the prosecution can narrow down the seven Articles of Impeachment, just like during the impeachment of Chief Justice Renato Corona, where it was narrowed down from eight articles to three articles. Integrity issues Both Gatchalian and Tolentino also agreed that failing to convene Duterte's impeachment court could cause integrity issues for the Senate. 'Ang Senado ay guardian of democracy. Dapat itong panindigan, dahil isa 'yan sa pinakamahalagang trabaho ng Senado para may pananagutan o accountabilty 'yung mga mataas na personalidad,' Gatchalian said. 'Ayaw nating magkaroon ng credibility problem at integrity issues,' he added. (The Senate is the guardian of democracy. We need to uphold it because this is one of the most important jobs of the Senate, so that high-ranking personalities have accountability. We don't want to have credibility problem or integrity issues.) 'I totally agree [that the image of the Senate may be ruined if we don't convene the impeachment],' Tolentino said. Tolentino, however, maintained that unfinished business of the 19th Congress does not carry over into the 20th Congress, noting that Duterte's impeachment case will be considered 'functionally dismissed' if the Senate impeachment court is unable to finish the trial before June 30, 2025. He said there is no provision stating 'carry over' in the Philippine Constitution. 'Ang salitang 'forthwith' ay command na naka-attach sa 19th Congress. Hindi 'yun constitutional command sa 20th Congress,' Tolentino said. (The word 'forthwith' is a command attached to the 19th Congress. It is not a constitutional command to the 20th Congress.) On the other hand, Gatchalian believed that the impeachment case cannot be done in one month and, therefore, will be transferred to the 20th Congress. 'Hindi ito matatapos ng isang buwan lang. Talagang tatawid ito sa 20th Congress. Sinabi na ng Korte Suprema na ang Senado ay isang continuing body. Puwede itong tumawid sa mga ganitong sitwasyon,' Gatchalian said. (This will not be completed in one month. It will be transferred to the 20th Congress. The Supreme Court said the Senate is a continuing body. This can be carried over.) According to former Supreme Court Associate Justice Adolf Azcuna, the Articles of Impeachment received by the Senate in the 19th Congress will not lapse with that Congress but will be carried over to the 20th Congress. 'The Trial of Impeachment Cases is not a function of Legislative Power but it is a Constituent Power,' said Azcuna, who drafted Article XI of the 1987 Constitution as a member then of the 1986 Constitutional Convention. 'So it does not fall under the rule that unfinished business lapses with the outgoing Congress because the Constitution says the opposite — that the trial must 'proceed' meaning it must continue until it is finished. It cannot proceed if it is made to lapse. Since it must proceed, it follows that it does not lapse,' he explained. GMA News Online contacted Senate President Chiz Escudero on Sunday to get his comments but it has yet to receive a reply as of posting time. —KG, GMA Integrated News
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