Davao City Mayo Sara Duterte and Senate President Tito Sotto.
LAOAG, Ilocos Norte 鈥� The Senate鈥檚 rules on impeachment proceedings state that the trial will continue until a final judgment is rendered, senatorial candidate and former Senate President Vicente Sotto III said on Tuesday.
In a press briefing for the Alyansa Para sa Bagong Pilipinas slate, which he is a part of, Sotto said there is a caveat to the rule, as the Senate rules also state that matters and proceedings will be terminated when a Congress expires.
The 19th Congress will end its term on June 13, while the 20th Congress will open its session on July 21 before President Ferdinand Marcos Jr.鈥檚 fourth State of the Nation Address.
鈥淭here are two conflicting rules there. We have the rules of procedure regarding an impeachment trial during our time. When I was the Majority Leader, it was stated that the Senate shall continue the session until final judgment is rendered.聽 [It says] shall continue until final judgment is rendered. So whether Congress adjourns or not, the impeachment continues,鈥� he explained in a mix of English and Filipino.
鈥淣ow, with the Senate鈥檚 legislative body rules, there are conflicting rules. Another rule states that all matters and proceedings shall terminate upon the expiration of one Congress. But on June 13, the 19th Congress will expire, so this is now conflicting,鈥� he added.
According to Sotto, he is 鈥�100 percent鈥� sure somebody will take the matter to the Supreme Court 鈥渂ecause this is a justiciable issue.鈥�
鈥淪o the problem is, what if the court decides that they cannot continue, then all the things that the Senate will do until June 13 will be wasted?鈥� he said.
鈥淪o it should be determined early on. I鈥檓 for rules-based thinking about that issue, which would fall into the 20th Congress鈥檚 hands. So right now that is the situation,鈥� he added.
There are several legal opinions as to how the impeachment proceedings would go after the House of Representatives impeached Vice President Sara Duterte last February 5.
Some have expressed concerns that if the trial starts during the 19th Congress, some members of the Senate 鈥� who will sit as senator-judges 鈥� will no longer be in office for the 20th Congress as they are not eligible for reelection.
At the House, there are also questions if it is proper to assign prosecutors this early as their seats in the 20th Congress are not assured due to their posts being up for grabs in the midterm elections.
Even former senator Leila de Lima, a supporter of moves to impeach Duterte and spokesperson for the first set of complainants, admitted last January 17 that the issue remains an open question.
鈥淭hat is a question that would most certainly reach the Supreme Court. There will be even more delays if there are those legal, constitutional issues,鈥� she said in a mix of English and Filipino.
READ: VP Duterte鈥檚 trial next Congress? De Lima says it鈥檚 鈥榦pen question鈥�
Other legal luminaries like former Senate President Franklin Drilon and retired Supreme Court Senior Associate Justice Antonio Carpio believe Duterte鈥檚 impeachment is enough basis to call for a special session so that the Senate can move on with the trial.
READ: Carpio: Special session possible for GAA, VP trial
Manila 3rd District Rep. Joel Chua, one of the prosecutors selected by the House leadership, believes that the trial can be held in the 19th Congress and continue towards the 20th Congress if time is lacking, as the Senate is a continuing body.
READ: Chua: We鈥檙e not rushing Senate, but Constitution says 鈥榝orthwith鈥�
Duterte was impeached through a fourth complaint verified and endorsed by 215 lawmakers, allowing the immediate transmittal of the articles of impeachment to the Senate.
Under the 1987 Constitution, an impeachment complaint could be immediately forwarded to the Senate for a trial if over one-third of all House members 鈥� 102 out of 306 鈥斅犅爃ave signed and endorsed the petition.
READ: House impeaches VP Sara Duterte, fast-tracking transmittal to Senate
There were seven articles of impeachment in the verified complaint sent to the Senate:
- Betrayal of public trust, commission of high crimes due to her threats to assassinate President Ferdinand Marcos Jr., First Lady Liza Araneta Marcos, and Speaker Ferdinand Martin Romualdez
- Betrayal of public trust and graft and corruption due to misuse of the confidential funds of the Department of Education (DepEd) and the Office of the Vice President
- Betrayal of public trust and bribery within the DepEd
- Violation of the 1987 Constitution and betrayal of public trust due to unexplained wealth and failure to disclose assets
- Commission of high crimes, due to involvement in extrajudicial killings in the drug war
- Betrayal of public trust due to alleged destabilization plots and high crimes of sedition and insurrection
- Betrayal of public trust due to her unbecoming conduct as vice president