ASEANEWS HEADLINE-VP Du30 IMPEACHMENT | MANILA, Philippines: Senate court to first tackle legal issues raised by Sara

This was according to Senate impeachment court spokesman Reginald Tongol, who said the issues she raised would require deliberation and a ruling from the Senate sitting as an impeachment court. Duterte’s lawyers filed her “answer ad cautelam” – conditional or cautious reply – last June 25.

“Now that there is answer ad cautelam and the House prosecutors I think were able to respond, it will be one of the first to be discussed on the first day of the convening of the impeachment court and after the senator-judges have done their swearing,” Tongol told dwIZ in Filipino.

The Vice President’s camp had argued that the impeachment complaint approved by the House on June 10 violated the Constitution’s one-year ban on multiple impeachment attempts.

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In response, House prosecutors submitted a certification attesting to the chamber’s full compliance with Article XI, Section 3, Paragraph 5 of the 1987 Constitution.

Tongol said Duterte’s position would be subject to oral arguments and deliberations, not just between the prosecution and defense but also among senator-judges.

“If the defense raises affirmative defense, the impeachment court should decide on it, and both parties as well as senator-judges should debate on it. They will deliberate on it, and that’s what we should wait for,” he added.

He said both panels may still use the time before the convening of the 20th Congress on July 28 to buttress their respective cases.

Constitutional crisis

For the spokesman of the 11-man House prosecution panel, an outright dismissal of the impeachment case against Duterte would lead to a constitutional crisis, as prosecutors would likely seek Supreme Court intervention, particularly through petition for certiorari with mandamus.

“We have nowhere to turn to but the Supreme Court because it’s the final judge on institutional issue of whether it is compliant with the Constitution or not. That’s what we can raise – grave abuse of discretion amounting to lack of jurisdiction,” said Antonio Audie Bucoy at the Saturday News Forum in Quezon City.

“Certiorari questioning the exercise of abuse of discretion amounting to lack of jurisdiction. mandamus for the court to compel the court to try it,” he added.

Senate President and impeachment court presiding officer Francis Escudero earlier said it is possible the court could decide by a simple majority of votes whether to dismiss the impeachment complaints or not.

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Citing the 1987 Constitution, Bucoy said the impeachment court’s mandate is to conduct a trial and render judgment, stressing there is no provision that allows senator-judges to junk an impeachment case without a trial.

Bucoy clarified the SC can only correct the erring decision of the impeachment court and not impose penalties on the senator-judges.

“The only thing the Supreme Court can do is either reverse or modify their decision or action and not punish them,” he said.

“And if the SC issues an order and they defy it, then we’ll have a crisis. But I doubt they’ll not follow an SC order,” he added.

For Bucoy, it is imperative that prosecutors are allowed to present in public the pieces of evidence against Duterte, which he believes are strong enough to justify her conviction.

“Acquit her if you wish to, but allow us to present all the evidence to the people,” he said.

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Some quarters believe Duterte has the numbers in the Senate to secure her acquittal.

He also called Duterte’s response to charges against her as “a sign of no defense,” as it amounted to nothing more than a blanket denial without explanation or evidence.

“In general, yes – misconceptions, falsehood and general denial. What’s a general denial? She didn’t answer all the factual allegations. She just said, it’s not true. The problem with general denial is you did not answer the particular charges,” Bucoy said.

“Under the law, general denial is considered an admission,” he added. “If there is an evidence on the facts, like what I said, it’s not general denial. It is specific denial. It should be it is not true because this is the truth. There is nothing like that. It’s a sign of no defense,” Bucoy said.

Bucoy said that even the most serious factual allegations against her – including the rapid and unauthorized use of P125 million in confidential funds – were not addressed in substance.

“The P125 million that was spent in 11 days. She did not deny that. She did not deny the liquidation documents. She just said it is not true,” Bucoy said.

“That’s what I mean, you should deny it. If you deny it, you should say why you are denying it. That is not true because this is what really happened. To her, she just said it’s not true. That was her answer. It has no value. That is a scrap of paper,” the prosecution spokesman said.

‘Bubble bath’

He also underscored how the defense was trying to avoid trial altogether by raising “procedural smokescreens.”

“They want a shortcut. No more trial, just a dismissal. There was no answer on the substance. They focus on technical,” he pointed out.

“She said she wants a trial. She wants a bloodbath. But it is a bubble bath, not blood bath,” he added.

“The prayer of the prosecution is to deny the dismissal and to proceed to trial. That is the only thing that we want. That is what the people want. Reveal the evidence,” Bucoy said.

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Meanwhile, outgoing Sen. Aquilino Pimentel III said he sees a Supreme Court decision favorable to the prosecution in case the High Tribunal would be asked to intervene in the event of an outright acquittal of Duterte without a trial.

“My prediction is the prosecution will win in a Supreme Court case. And it will be a big slap on the Senate’s face if the senators would be lectured by the court,” Pimentel said over radio dwIZ.

Pimentel said the upper chamber needs to respect the House of Representatives and allow the process to run its course.

“I can see their lack of respect. If an impeachment case is initiated, the Senate should respect it. Let a trial begin immediately,” he said in Filipino.

Pimentel was referring to the Senate’s June 10 decision to remand the Articles of Impeachment back to the House prosecutors to get certification that they did not violate the one-year ban on impeachment and secure the next Congress’ commitment that it would be willing to take on the impeachment case.

Pimentel also criticized Escudero for the latter’s recent remarks indicating that he was open to dismissing the complaint against Duterte by mere Senate voting. — Marc Jayson Cayabyab, Jose Rodel Clapano

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