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Short trial or nothing
Topnotch lawyer and part-time political analyst Anthony Ludalvi Vista gave a compelling view on the impeachment proceedings on Vice President Sara Duterte not being allowed to straddle the 20th Congress which is that the Senate cannot try a case it never initiated.
The lawyer’s argument is that the tribunal is required to finish the proceedings before 30 June when the 19th Congress ends.
The 19th Congress did not commence the impeachment trial and with the advent of the 20th Congress, which comprises new members and leadership, there is no constitutional or procedural basis for this new body to continue proceedings it did not initiate. Turn to page 11
Vista stated that impeachment trials are not transferable obligations, as they require initiation and conduct by the same legislative body, unless specific provisions allow otherwise.
When the senators of the 20th Congress assume their posts, they are not convened as part of the Impeachment Court. “They never received the Articles, never adopted rules for trial, and never took the constitutionally required separate oath. To impose upon them the burden of resuming a prosecution that never began is to invent a procedure not found in law.”
While impeachment is a vital mechanism for ensuring accountability among public officials, its execution must align with constitutional mandates and established procedures. Vista said the interpretation that “forthwith” necessitates immediate action during recesses or across congressional terms lacks constitutional support and misrepresents both Philippine and comparative practices.
True accountability is achieved not through expedient measures but through steadfast adherence to the rule of law and constitutional processes, he explained.
Bending the procedures results in deviation that undermines the very principles of justice and governance that impeachment seeks to uphold.
The Constitution, Vista said, cannot be circumvented for political convenience. Its meaning must be preserved even—and especially—when the stakes are highest.