Philippine Constitutional Experts Call for Senate to Proceed with Sara Duterte Impeachment Trial

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The country’s top constitutional law group urged the Senate to proceed with Vice President Sara Duterte’s impeachment trial.

The Philippine Constitution Association (PHILCONSA), led by retired Chief Justice Reynato Puno, has urged the Senate to move forward with the impeachment trial of Vice President Sara Duterte. The group emphasized that the accountability of public officials should not be hindered by procedural tactics or political bias.

After the Senate decided to remand the Articles of Impeachment to the House of Representatives due to alleged 'constitutional infirmities,' the Duterte bloc, known allies of Vice President Duterte and former President Rodrigo Duterte, raised concerns. PHILCONSA disputed the necessity of certification, arguing that it is not mandated by the Constitution or impeachment practices.

  • Grave abuse of discretion – Whether the Senate unlawfully suspended its jurisdiction as an impeachment court.
  • Encroachment on the House’s exclusive power – Whether requiring the House to certify compliance with the one-year ban violates the House’s sole prerogative.
  • Circumlocutory delay – Whether introducing new requirements not in the Constitution or Senate rules is a delaying tactic.
  • Due process and impartiality – Whether presenting possible defenses for the respondent compromises the Senate's impartiality.

PHILCONSA reminded the Senate that once it convenes as an impeachment court, its jurisdiction remains intact and cannot be suspended by procedural maneuvers. The group cited the principle of continuing jurisdiction, noting its application in previous cases, including the impeachment trial of former US President Bill Clinton.

While the House of Representatives has certified compliance with constitutional requirements for the impeachment complaint against Duterte, it has postponed accepting the articles of impeachment pending Senate responses to clarificatory questions. If the trial proceeds, Vice President Duterte could face removal from office and a lifetime ban from public service.

The Senate's decision has sparked public outrage, leading to protests outside the Senate complex and condemnation from various groups. Malacañang has distanced itself from the controversy, asserting that the President is not involved in Senate deliberations but emphasizing the importance of following legal procedures.



Source: Inquirer.net
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