Orders Senate to comment within 10 days on petition to start trial

The Supreme Court on Tuesday directed the Senate to comment within 10 days on a petition compelling the Senate to proceed with the impeachment trial of Vice President Sara Duterte without delay.

This as senators held differing opinions as to the proper timing of the impeachment trial, which Senate President Francis Escudero said could start in July — only after the State of the Nation Address.

“Impeachment is a nationwide concern that will be treated with urgency because of the gravity of the matter,” SC spokesperson Camille Ting said.

She said the Senate was asked “to comment on the petition within a non-extendible period of 10 days from receipt of notice.”

Last week, former Presidential Commission on Good Government special counsel Catalino Generillo Jr. filed a petition for mandamus, asking the SC to direct the Senate to immediately constitute itself into an impeachment court.

In his petition, Generillo said the incumbent senators are not suffering from any kind of disability that would prevent them from proceeding with the trial.

He said the Constitution provides that “the Senate shall forthwith proceed” with the trial, which he said means “immediately or without delay” regardless of whether Congress is in recess.

For his part, Senate Minority Leader Aquilino Pimentel III insisted the Upper Chamber is duty-bound to promptly conduct the impeachment trial.

In a letter addressed to Escudero, Pimentel, a Bar topnotcher, noted the definition of the word “forthwith” as stated in the Constitution.

“Since it is a Constitutional provision or term we are giving to, the term ‘forthwith’ must be interpreted in accordance with the Verba Legis rule, that is, it should be given its ‘plain and ordinary meaning,’” he said in his letter.

“The above elaboration affirms that it is the Senate’s duty to act on the impeachment case of Vice President Sara Duterte ‘without any delay’ or ‘without interval of time.’ I repeat that this is the Senate’s duty.”

“Given the gravity of impeachment proceedings, it is imperative that the Senate uphold its duty with urgency, diligence, and a steadfast commitment to the Constitution,” he added.

Senate Deputy Minority Leader Risa Hontiveros agreed with Pimentel.

“I agree with his position that, based on his understanding of the Constitution, the directive is clear that once the articles of impeachment have been transmitted to us, we should immediately convene into an impeachment court,” Hontiveros said.

Senator Ronald dela Rosa, who served as police chief during the Duterte administration, said it was best to wait for the jurisprudence from the Supreme Court.

“We will wait for what SC says. They can give the correct interpretation of the Constitution. We will do that job in the proper time,” Dela Rosa said.

Dela Rosa, however, acknowledged that during “informal talks at the Senate lounge,” most of his colleagues agreed that the impeachment trial would start in July after the SONA.

Senator JV Ejercito earlier said there was no clamor among his fellow senators to call for a special session.

“Half of our colleagues are not here. So it is difficult and a bit tricky…You cannot blame them. If you are a candidate, each day counts. I think that is our main challenge – how can we convene with our colleagues busy with the campaign?” Ejercito said.

For his part, Senator Robin Padilla, also a Duterte ally, declined to comment on calls for him to recuse himself from the impeachment trial.

“That you for the suggestion but I think it is best to wait for the decision of the Supreme Court on the impeachment,” Padilla told GMA News Online.

Meanwhile, a group of Mindanao-based lawyers argued the impeachment complaint against the Vice President was “procedurally defective, constitutionally infirm and jurisdictionally void.”

Lawyers Israelito Torreon, Martin Delgra, James Reserva, Hillary Olga Reserva and Davao City Councilor Luna Acosta filed a petition for certiorari and prohibition before the Supreme Court to challenge the impeachment proceedings.

“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.

Torreon, who also serves as the chief legal counsel of the Kingdom of Jesus Christ of detained pastor Apollo Quiboloy, earlier argued the impeachment charges against Duterte were filed with malice and in violation of due process.

For his part, House impeachment prosecutor Rep. Jil Bongalon of Ako Bicol Party-list dismissed the petition as mere “publicity stunt.”

“It’s panic mode now for VP Duterte,” Bongalon said. “Even without reading the petition filed a while ago, we can assure the public that it can only mean two things: it’s purely a publicity stunt or unmistakable proof that the camp of the Vice President is in panic mode.”

“In their utter desperation, the Vice President’s camp is throwing the proverbial kitchen sink to stop the inevitable— for the Senate to commence trial and for the public to finally see the overwhelming and damning evidence against her,” Bongalon added.