House prosecutor and Akbayan Representative Chel Diokno warned on Tuesday that an order from the Senate impeachment court—requiring the House of Representatives under the 20th Congress to provide a certificate showing its intent to proceed with the impeachment of Vice President Sara Duterte—could potentially weaken the prosecution’s position.
The House has already provided the initial necessary certification confirming that the complaint adhered to the one-year restriction on filing follow-up impeachment charges and was consistent with the Constitution.
As of now, the House during the 20th Congress hasn’t turned over the second certificate indicating its intent to proceed with prosecution.
"Iyon ang aspetong dapat talaga nating bigyang-pansin dahil posibleng magresulta iyan sa isang bitag. Kung gawin nga ng House iyan, sasabihin din naman nila, 'Ah, lumampas na kayo sa one-year ban,'" sabi ni Diokno sa mga reporter.
This needs further study as it could turn into a potential pitfall. Should the House take such an action, they may argue, "You breached the one-year prohibition."
Diokno, who served as a human rights lawyer prior to being elected under the Akbayan party-list for two positions in the House, stated that the selection of eleven public prosecutors at the start of the First Regular Session of Congress on July 28 demonstrated sufficient evidence that the House was still dedicated to pursuing charges against the Vice President through an impeachment trial in the Senate court.
“If lawmakers assign prosecutors to the group, this clearly shows their intention to move forward with the investigation,” Diokno stated.
Diokno stated that the directive from the Senate impeachment court to send back the Articles of Impeachment to the House until two certifications were issued lacked legal grounding based on current laws, particularly the Constitution.
"Both that detention order and a senator-judge filing a motion to completely dismiss the impeachment complaint are not allowed under the Senate’s impeachment guidelines and the Constitution," Diokno stated.
“That’s precisely why everything we’ve seen unfold in the Senate raises serious questions—because rather than follow the Constitution, which seems crystal clear to me, their duty should be set in stone once an authenticated complaint comes through, supported by signatures from at least one-third of the representatives in the House; only then do they proceed accordingly.”
More than 200 members of the House supported the impeachment charge brought against the Vice President on February 5th.
This exceeds the constitutional mandate requiring only one-third of all House representatives to forward an impeachment charge to the Senate, thereby allowing the impeachment process to "immediately move forward."
Party-list representative Ako-Bicol Alfredo Garbin stated that the House of Representatives did not have to cast a vote on whether to proceed with prosecuting the Vice President at the Senate’s impeachment trial.
"The Constitution speaks clearly. Now, it’s up to the Senate to take action," said Garbin, who is an attorney.
Garbin stated that the Senate cannot terminate the impeachment case versus the Vice President through a simple majority decision, opposing earlier remarks made by former Senate Chief Francis Escudero.
"The Constitution states that the Senate has the authority to hear and resolve impeachment proceedings. A conviction requires at least 18 votes [which constitutes a two-thirds majority], whereas fewer than 18 would result in an acquittal. There is no mention of 'dismissal' under the Constitution," explained Garbin.
"The Constitution refers to the processes of listening, conducting trials, and gathering evidence," he continued.
More than 200 lawmakers have filed an impeachment petition against the Vice President, charging her with betrayal of public trust, unconstitutional conduct, graft and corruption, as well as other serious offenses. The allegations center largely on claims she misused approximately P612.5 million in classified funds and made threats to assassinate President Ferdinand Marcos, Jr., First Lady Liza, and the President’s relative and former House Speaker Martin Romualdez from Leyte. –NB, GMA Integrated News
This article Chel Diokno cautions against a potential "pitfall" should the House forward a second certificate to the impeachment tribunal. was originally published in GMA News Online .