The possible resignation of Vice President Sara Duterte would not automatically stop the impeachment trial, House prosecutors said Tuesday, arguing that the Senate impeachment court must still determine whether the penalty of perpetual disqualification from public office should be imposed.
Speaking at a press conference, lead House impeachment prosecutor Rep. Gerville Luistro of Batangas said impeachment carries two principal penalties upon conviction: removal from office and perpetual disqualification from holding public office.
“We have to remember that there are two principal penalties in case the respondent in an impeachment case is convicted. These two principal penalties are removal and perpetual disqualification,” Luistro said.
“While resignation from office will render moot and academic the penalty of removal, it is my position that we need to continue the trial for the senator-judges to be able to determine whether or not they will impose as well the penalty of perpetual disqualification,” she added.
Akbayan Party-list Rep. Chel Diokno, also a member of the prosecution panel, described Luistro’s view as a “valid” legal position.
Mamamayang Liberal Party-list Rep. Leila de Lima said the impeachment proceedings also serve as due process for Duterte.
“We must remember that this is also due process for VP Sara. So, this is her chance. It’s time for her to face and answer the accusations against her,” De Lima said.
“If there is no wrongdoing, nothing should be avoided. Nothing should be covered up and nothing should be blocked,” she added.
‘Forthwith an obligation’
Meanwhile, the “forthwith” requirement in the Constitution imposes upon the Senate the obligation to begin impeachment immediately, according to Supreme Court (SC) Senior Associate Justice Marvic Leonen.
In his concurring and dissenting opinion to the recent SC decision made public Tuesday, he opined that it is “not an obligation merely to begin bureaucratic preparation.”
“It is, first and foremost, an obligation to immediately commence the constitutional process of convening the Senate as an impeachment court. Once convened, it is the impeachment court that should have supervised the preparations for the impeachment trial,” he said.
The senior magistrate added that the failure to constitute the impeachment court at the earliest opportunity can be considered grave abuse of discretion.
The Senate, sitting as an impeachment court, earlier ordered the issuance of a writ of summons directing Duterte to file her answer to the articles of impeachment within 10 days from receipt.
Luistro: Move without delay
Luistro said the prosecution panel expects the impeachment proceedings to move forward without delay despite pending petitions before the Supreme Court.
“Nevertheless, even if there are pending petitions in the Supreme Court, this should not hamper or delay the impeachment trial, especially considering there is no temporary restraining order or injunction issued by the Supreme Court for that matter,” she said.
“What is being mandated to be forthwith is not only the convening. What is being mandated to be forthwith is the trial,” she added.
Luistro stressed that the trial would proceed even if Duterte decides not to personally appear before the Senate impeachment court.
“Under the Senate rules, even if the Vice President would opt not to attend, kahit hindi siya mag-attend, o kahit hindi siya mag-file ng answer, o kahit walang defense team na dumating (or if she doesn’t file an answer or there was no defense team at all), trial will still continue,” Luistro said.
“Those instances will only be considered as an entry of a plea of not guilty,” she added.
Lacson: Remain vigilant
Also, Senator Panfilo Lacson called on the public to remain vigilant following the Senate’s formal convening as an impeachment court.
“The stark contrast between the smell of gunpowder last week and the breath of fresh air in the Senate yesterday was evident when we convened as an impeachment court after all the parliamentary procedures were strictly followed,” Lacson said.
“Arrogance of power, like impunity, has its limits,” he added.
Manila Rep. Joel Chua, another member of the prosecution panel, said the House prosecutors are prepared to present evidence and witnesses before the Senate impeachment court as part of the constitutional process.
The 11-member prosecution panel also announced that preparations for the impeachment trial are now in “full swing.”
“Rest assured that the 11 prosecutors are already in full swing of preparation. So come the pre-trial and the trial, you will expect that the 11 prosecutors will be there to appear before the impeachment court,” Luistro added.
Four articles of impeachment
The prosecution panel has been divided into teams handling the four articles of impeachment involving alleged threats and destabilization, bribery, unexplained wealth, and the alleged misuse of confidential funds.
Luistro will lead the prosecution for the confidential funds article, while Chua will head the bribery article. Bicol Saro Party-list Rep. Terry Ridon will lead the unexplained wealth article, and Iloilo Rep. Lorenz Defensor will head the threats and destabilization article.
The articles accuse Duterte of misusing P612.5 million in confidential funds, failing to properly disclose assets and bank transactions in her Statements of Assets, Liabilities and Net Worth, committing alleged bribery during her tenure as Education secretary, and making grave threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and former Speaker Martin Romualdez.
House prosecutors also dismissed concerns that participating in the impeachment trial could affect their political prospects in the 2028 elections.
“We are not worried,” San Juan Rep. Ysabel Maria Zamora said. “We are fulfilling our constitutional duty as House prosecutors, as congressmen, as representatives of our constituents,” she added.
Push for transparency, accountability
For his part, Cebu Archbishop Alberto Uy also urged Filipinos to unite around accountability, due process, and the common good as the Senate prepares to hear the impeachment case.
“Despite our differences, there are important principles that should unite us as one people. First, we all desire an end to corruption,” Uy said in a pastoral statement shared with reporters covering the House of Representatives.
“We long for honesty, transparency, accountability, and responsible stewardship of public funds,” he added.
Uy said all public officials accused of wrongdoing should be properly investigated regardless of political affiliation or influence.
“At the same time, we also believe in fairness and due process. Every accused person must be given the opportunity to defend himself or herself according to the law and within a just process,” he said.
Editor’s Note: This story has been updated. Originally posted with the headline “Prospect of VP resignation must not stop impeachment.”
