A group of Mindanao-based lawyers filed a petition before the Supreme Court (SC) on Tuesday, February 18, to nullify the impeachment complaint against Vice President Sara Duterte, arguing that this is “procedurally defective, constitutionally infirm and jurisdictionally void.”
Israelito Torreon leads the group with fellow lawyers Martin Delgra, James Reserva, Hillary Olga Reserva and Davao City Councilor Luna Acosta. They are set to file a Petition for Certiorari and Prohibition before the highest tribunal to challenge the impeachment proceedings.
Petitions for certiorari and prohibition serve as legal remedies to question the constitutionality of government actions, review judicial or legislative decisions, and nullify acts deemed unlawful or beyond jurisdiction.
“The petition seeks for the issuance of a TRO (Temporary Restraining Order) and Writ of Preliminary Injunction by the High Tribunal, and to annul or set aside the impeachment complaint against Vice President Sara Duterte,” the Office of the Vice President (OVP) said in a statement.
According to the OVP, the filing is scheduled at 10 a.m. today followed by a press conference.
Earlier, Torreon, who also serves as the chief legal counsel of the Kingdom of Jesus Christ, argued that the impeachment charges against VP Duterte were filed with malice and in violation of due process.
While he acknowledged that the House of Representatives has the exclusive power to initiate impeachment proceedings, he pointed out that the process lacked proper due process, citing the SC ruling in Francisco v. House of Representatives.
According to Torreon, the House failed to adhere to impeachment rules.
“Some of the congressmen did not read the complaints, they just signed right away… At least six or seven admitted that they did not know what was the subject matter of the discussion. So, what is the effect of this? Lack of verification,” Torreon said partly in Tagalog.
“In the rules of procedure on impeachment proceedings, the complainant must certify that they have personal knowledge of the facts supporting the allegations against the respondent. Article 11, Section 3 of the Constitution also requires personal knowledge of the complaint filed against a public officer,” he added.
Torreon further argued that VP Duterte was not given the opportunity to explain herself, an essential step in ensuring due process.
He noted that the House should have conducted clarificatory hearings, after which members would determine whether they had the necessary one-third vote to proceed with crafting the articles of impeachment.
Meanwhile, lawyer Catalino Generillo Jr. has petitioned the highest tribunal to issue a writ of mandamus, compelling the Senate to immediately constitute itself into an impeachment court and begin public trial proceedings against VP Duterte without further delay.
SC spokesperson Camille Sue Mae Ting confirmed on Monday that the SC on the bench is set to begin Generillo’s petition, which seeks to compel the Senate to act on the impeachment case.