A law expert who served as defense counsel during the impeachment trial of former Supreme Court Chief Justice Renato Corona said the pending impeachment trial of Vice President Sara Duterte has unique characteristics that could raise legal questions the SC might have to settle.
Atty. Tranquil Salvador III recalled that the Senate immediately convened right after the articles of impeachment were forwarded to the upper chamber by the House of Representatives.
He noted that Vice Duterte’s impeachment happened on the very last day of the session before Congress went on break.
“This is unique because the Senate said Wednesday night that: ‘Well, we are on recess, [and] the session is suspended. We will come back on 2 June,’” Salvador said.
Under the 1987 Constitution, the Senate is mandated to proceed to trial at once following the transmittal of an impeachment complaint, he said.
However, Congress will only have six session days when they resume on 2 June and adjourn sine die on 14 June, marking the end of the 19th Congress, which the 20th Congress will replace in July.
Salvador questioned whether they can do that in a few days, adding that all he can say is that this is up to the Senate because they are the court.
He said since the Senate will make its own rules, they could schedule marathon hearings if members would agree to that.
The impeachment trial, he added, is also unique because of the potential to spill over into the 20th Congress, an issue that the Supreme Court might need to settle.
For Salvador, the impeachment case cannot be carried over since it will involve a different Congress altogether.
He said if they want to do that, a legal question will arise because that has not been settled by the Supreme Court.
Salvador recalled that during the Corona impeachment trial, the prosecution panel presented only three out of the eight articles of impeachment.
He said the prosecution might decide to focus on just one or two articles, which means the defense will only need to focus on those.