Trial begins

Before the devious masters of misinformation and political intrigue hijack public opinion regarding Sara Duterte’s impeachment, we need to inoculate ourselves this early with fact and truth serums.

In fact, judging from the news and rumors regarding Ms. Duterte and the senator-judges, attempts to mold public opinion are now speeding up.

At any rate, broad sections of the public sorely need to be inoculated too.

This, considering that those overseeing the coming trial were either too young or have hazy memories of the last momentous impeachment trial — that of Joseph Estrada 25 years ago.

Anyway, barring any unforeseen moves to derail the trial, once the Senate tribunal kicks off a few days from now, daily fevered politicking is in store.

And politics is unavoidable. A fact that should be made plainly clear at the outset for the very reason that an impeachment is quintessentially political.

“An impeachment proceeding is sui generis, ‘a class of its own,’” says the UP Law Center. “It is neither civil nor criminal in character. Unlike traditional legal proceedings, an impeachment is quintessentially political, with facts and the law being weighed not by specially trained judges but by popularly elected members of Congress.”

(The UP Law Center has released a timely informative primer on the upcoming impeachment trial. You can access the pdf file on https://law.upd.ph).

As such, there is a difference between impeachment and a criminal case.

By its “sui generis” nature, an impeachment’s “sole function is to remove an impeachable officer and disqualify her (or him) from further officeholding…it is neither civil, criminal, nor administrative in nature. It is only preparatory to liability…”

Politically, even though impeachment is “not the means intended to redress offenses against the state, (it is) rather a mere political safeguard designed to preserve the state and its system of laws from internal harm.”

Turning to practical matters, the Senate’s first order of business tomorrow will be the reading, in open session, of the House’s verified complaint detailing the seven Articles of Impeachment against Ms. Duterte.

The Articles of Impeachment contain the grounds for which an impeachable officer may be convicted, and consequently removed from office.

For your appreciation, each of the House’s Articles of Impeachment on which the senator-judges must separately vote upon are:

Article 1: Conspiracy to assassinate President Marcos, First Lady Liza Araneta-Marcos, and Speaker Martin Romualdez

Article 2: Malversation of P612.5 million in confidential funds

Article 3: Bribery and Corruption in DepEd

Article 4: Unexplained wealth and failure to declare assets

Article 5: Involvement in extrajudicial killings (EJK)

Article 6: Destabilization, insurrection, and public disorder

Article 7: “The Totality of Respondent’s conduct as Vice President”

Following the House’s presentation, the Senate will meet again on Tuesday as the mandated impeachment tribunal.

Under current Senate rules, the senators will be first sworn to “political neutrality,” meaning they are to exercise their duty without discrimination and regardless of party affiliation or preference.

Ms. Duterte will then be called to answer (or plead) to each charge in the Articles of Impeachment.

Ms. Duterte may appear in person or send a representative or counsel to plead for her, unlike in a criminal case.

If Ms. Duterte refuses to appear or plead, the Senate will continue with the trial as if she pleaded “not guilty.”

The trial is open to the public and the media. Interesting political fireworks is expected, and often.

There is also no fixed time for how long the trial will last.

The late Supreme Court Chief Justice Renato Corona’s trial lasted five months.

Estrada’s 2000-2001 trial, on the other hand, lasted only one month after it was abruptly terminated when the House prosecutors and then Senate President Aquilino Pimentel walked out over the senator-judges narrowly voting not to open key bank documents.

After massive street protests, Estrada resigned.