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‘Impeach trial must proceed regularly unless SC rules otherwise’

The Senate impeachment trial of Vice President Sara Zimmerman Duterte should proceed under the regular process unless the Supreme Court issues a ruling affecting the case, House trial spokesperson and Lanao del Sur Rep. Zia Alonto Adiong said Wednesday.

Adiong noting that senators had already received the Articles of Impeachment, convened as an impeachment court, and adopted a timeline for the proceedings.

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An assistant majority leader and chair of the House Committee on Suffrage and Electoral Reforms, Adiong said the prosecution panel welcomed the Senate’s moves, calling it a positive development for constitutional accountability after the House transmitted the impeachment complaint.

“Well, it’s a positive development as compared to the previous impeachment complaint, (where) we had problems with the definition of ‘forthwith,’” Adiong told Bilyonaryo News Channel.

“Right now, I think the senators are in unison accepting the fact that ‘forthwith’ means immediate. So that’s what we’ve seen today and that’s what we saw earlier in the Senate,” he added.

The House earlier voted to impeach Duterte and transmit the case to the Senate, where senators will sit as judges in the impeachment trial.

“It’s a good indication that the Senate is now trying to exercise its constitutionally mandated job, which is to try and decide once articles of impeachment have been transmitted to them,” Adiong said.

Adiong said the House respected the Senate as a co-equal branch, including its internal leadership changes before the impeachment court was convened.

“Well, the leadership shake-up, we entirely respect the decision of the Senate as a co-equal branch. But of course, on the optics-wise, well, we’re talking about former Senate President Tito Sotto III being more neutral in the case,” he said.

He also acknowledged concerns about the political leanings of some senators, including new Senate President Alan Peter Cayetano, but said the prosecution expects the trial to follow Senate rules requiring political neutrality.

“Despite the fact that preferences or partisan affiliation among different senators, they have to get true to their adopted Senate procedures of impeachment. There’s a specific section in their rules which specifically demands political neutrality,” Adiong said.

When asked to clarify, he replied: “Impartial justice.”

Adiong said the Senate’s adoption of a timeline indicated both camps would be expected to comply with summonses and other court processes.

“Unless, of course, there’s a massive or, you know, a very, so to speak, changes that might happen,” he said.

“We don’t know. But based on the dates and the timeline that they have set, I’m pretty sure that both camps would abide by the summons, by the writ of summons,” he added.

He said the actual trial could begin by June after Duterte responds to the Articles of Impeachment and both sides complete preliminary proceedings.

The House spokesperson said questions about the impeachment process should already be settled because the Senate had accepted the transmittal of the Articles of Impeachment.

“They have already accepted the transmittal of the articles of impeachment. They have already worn their robes,” he added.

Adiong said the House Committee on Justice had complied with due process requirements and gave Duterte’s camp opportunities to participate during confirmation hearings.

“So to go back and then ask in the question, the very process by which we have done the confirmation hearings in compliance with the ruling of the Supreme Court to exercise due process, we’ve given so much leeway for the team of the Vice President and her defense to appear before the Justice Committee during the confirmation hearings,” he said.

While acknowledging pending petitions before the Supreme Court, Adiong said: “I’m not going to preempt what would be the decision of the Supreme Court, but the ball has already rolled.”

Asked about the possibility of delaying the trial pending Supreme Court action, Adiong said such a move would require explanation to the public.

“But then again, the whole country is also watching. Remember, the people have been invested so much, both sides, the supporters of the Vice President and those who are actually holding her to account,” he added.

Adiong said the Senate should continue the proceedings unless restrained by the Supreme Court because trying and deciding impeachment cases is part of its constitutional mandate.

“It is actually their duty. It is not a preference of individual senators, it is not their choice, it is their constitutionally given mandate to try and decide,” he said.

He added that the prosecution panel remained confident because its case was supported by documentary evidence.

“Well, this is not an easy impeachment proceeding as far as the number is concerned, I would admit to you. But then again, we always rely on the evidence and the sets of documents that our prosecution team will provide,” Adiong said.

“As soon as we present the evidence to the people and to the Senate itself, acting as an impeachment court, I’m positive for a favorable outcome,” he added.

Adiong said the impeachment trial would ultimately test whether institutions could rise above partisanship and uphold accountability.

“It’s a litmus test right now at this point in time for all of us to rise above partisanship, to be at least statesmen because the Senate is the last bastion of democracy,” he said.

“And if it’s clear to you that you stand on accountability, on the belief that no one is above the law, then it’s very clear for you which side do you stand on,” he added.

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