Sara impeachment case 'functionally dismissed' if trial not done by June 30 –Tolentino
'If we cannot conclude the trial before June 30, 2025, we must recognize this impeachment case is functionally dismissed by constitutional operation and no action can be taken by the 20th Congress on the matter for lack of constitutional authority,' Tolentino said.
The impeachment case against Vice President Sara Duterte will be considered 'functionally dismissed' if the Senate impeachment court is unable to finish the trial before June 30, 2025, Sen. Francis Tolentino said on Monday.
In his manifestation at the resumption of the Senate's plenary session, Tolentino cited foreign legislative principles, insisting that 'unfinished business does not carry over into a new Congress.'
'If we cannot conclude the trial before June 30, 2025, we must recognize this impeachment case is functionally dismissed by constitutional operation and no action can be taken by the 20th Congress on the matter for lack of constitutional authority,' Tolentino said.
He also pointed out that the delay in the impeachment proceedings compromised due process and undermined the Senate's role as an impeachment court.
The reading of the impeachment raps against Duterte was moved from June 2 to June 11.
Senate President Francis 'Chiz' Escudero said that this was decided in order for the Congress to prioritize the passage of the items in the administration's legislative agenda before the 19th Congress adjourns sine die on June 14.
Article XI Section 3(4) of the 1987 Constitution states that: '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.'
'Only 12 Senators remain after each election, insufficient to form a quorum. Thus, unlike the US Senate or the Philippine Senate under the 1935 Constitution, we cannot carry unfinished proceedings into the next Congress. Allowing the 20th Congress to take over this trial would be ultra vires or beyond our constitutional power,' Tolentino said.
'Mr. President, kahit anong pilit, hindi maitatawid, lalo na't kung lalabag sa Saligang Batas,' he added.
(Mr. President, no matter how hard we try, this couldn't cross to the next Congress, especially if it violates the Constitution.)
In reaction to Tolentino's manifestation, Sen. Risa Hontiveros said that the 1987 Constitution required that the Senate proceed with the impeachment proceedings already initiated without further delay.
'It is true that the 19th Congress cannot bind the 20th Congress- and all unfinished business will be terminated. But this is only true for any work done by us in the exercise of our legislative functions,' Hontiveros said.
Earlier on Monday, Escudero said that senators in the 20th Congress will get the final say on whether or not the impeachment trial of Duterte will push through.
Duterte was impeached by the House of Representatives on February 5, with over 200 lawmakers endorsing the complaint against her. She was accused of betrayal of public trust, culpable violation of the constitution, graft and corruption, and other high crimes.
The Vice President, for her part, said she was looking forward to her impeachment trial in the upcoming 20th Congress because she 'wants a bloodbath."
She later clarified that she meant her own blood, even likening the impeachment trial to a crucifixion. –NB, GMA Integrated News
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