IN 19 DAYS: House prosecutor rejects Tolentino’s pitch to rush Sara impeachment trial

A House prosecutor turned down Monday outgoing Senator Francis Tolentino’s proposal to consolidate the seven articles of impeachment into two to allow the Senate to conclude Vice President Sara Duterte’s trial within 19 days, or before Congress adjourns sine die on 30 June.

1-Rider Rep. Rodge Gutierrez asserted that Tolentino’s pitch is not feasible as it would subvert the original complaint endorsed by more than 200 members of the House.

“I don't think it would be possible on our part to just consolidate it into two articles. That would be [a] betrayal of the full articles of impeachment that we have filed,” Gutierrez told reporters in an ambush.

The House prosecutor warned that rushing the impeachment would shrink the allotted days for the presentation of evidence to merely two days, potentially undermining the case.

“If we were to divide it into seven articles, that will really not be enough time… We're not ready yet to say how much time we need, but definitely two days will not be enough,” he added.

Tolentino, also a lawyer, has argued that the impeachment trial risks outright dismissal because unfinished business cannot be carried over in the 20th Congress.

He suggested, however, that the prosecution panel merge the articles of impeachment to streamline the proceedings and allow the Senate to render a verdict before the 19th Congress comes to a close on 30 June.

Tolentino’s remarks followed Senate President Chiz Escudero’s decision to defer the presentation of articles of impeachment from 2 to 11 June to pave the way for the passage of 12 pending priority bills of the administration, which, he claimed, require greater attention.

Pro-impeachment legislators, law schools, and progressive groups have been protesting for the Senate to immediately convene as a trial court and proceed with the trial proper.

A three-day mass movement, headed by Akbayan Party, the original complainant of the petition to remove Duterte from office, will be held from Monday to Wednesday to press the Senate to uphold its mandated duty and start the trial without further delays.

“It just speaks of the clamor of the public, not for whether you are pro or against any acquittal or conviction, but this is just to hear the trial,” Gutierrez said.

The impeachment trial has been on the back burner for over four months now, with House prosecutors and Escudero trading barbs over the latter’s apparent reluctance to promptly commence with the trial in an alleged pursuit to retain the Senate presidency in the next Congress.

Paragraph 4, Section 3 of Article XI of the Constitution mandates the Senate to forthwith proceed with the trial after receiving a verified complaint filed by at least one-third of all the members of the House.

The interpretation, however, has sparked intense debate among constitutional law experts, seasoned lawyers, and even legislators due to its “vagueness.”

Retired Supreme Court Senior Associate Justice Adolfo Azcuna, one of the framers of the 1987 Constitution, has repeatedly schooled Escudero, a lawyer himself, that forthwith means “without unreasonable delay.”

Escudero has been at the center of mounting criticisms and is being accused of shielding and enabling Duterte’s alleged wrongdoing.

Lawyer Domingo Cayosa, former president of the Integrated Bar of the Philippines, argued over the weekend that senators unsupportive of impeachment cannot simply act on personal convictions, as this would violate constitutional provisions on impeachment procedures.

This developed in light of reports that several senators were considering filing a resolution which, if passed, would dismiss Duterte's impeachment without trial.

The House of Representatives impeached Duterte on 5 February, accusing her of graft and corruption, bribery, betrayal of public trust, and culpable violation of the Constitution.

The seven articles of impeachment were primarily anchored on the supposed misappropriation of P612.5 million in confidential funds allocated to her office and the Department of Education during her tenure as its secretary, including her alleged kill plot against President Marcos Jr.’s family.

VP Duterte has long denied corruption allegations involving her confidential funds. She likewise asserted that her assassination remarks against former ally-turned-foe Marcos were merely taken out of context.