The Senate impeachment court's requirements for the House of Representatives should not be treated as traps to impede the impeachment proceedings against Vice President Sara Duterte.
In a press briefing on Wednesday, Senate impeachment court spokesperson Regie Tongol reiterated that the court is “actually proceeding accordingly with the transparent, fair, and legally sound process” regarding Duterte's impeachment case.
“The specific certifications being required from the House are all part of the effort to guarantee procedural legitimacy and to uphold constitutional standard,” Tongol said.
“This certification procedure should not be seen as traps or measures to impede. But these certification processes help prevent any legal impediment or challenges or technicalities that could undermine the impeachment process once it starts rolling and to uphold the proceeding’s integrity,” he added.
According to Tongol, efforts to “disrespect for or attempts to undermine the impeachment court processes threaten the independence and credibility of the court and jeopardizes public trust on the process itself.”
His remarks came after House prosecutor and Akbayan Rep. Chel Diokno raised concerns that the second requirement issued by the Senate impeachment court may be a “trap.”
Based on the court’s order, the House must issue a certification that it did not violate the constitutional rule of one impeachment proceeding per official per year, as stated under Article XI, Section 3, Paragraph 5 of the 1987 Constitution.
The court also ordered members of the 20th Congress to affirm their intent to pursue the impeachment case against Duterte — a move widely seen as a potential death blow to the case following the outcome of the May midterm elections.
The House prosecution panel has already submitted its compliance with the first of the two requirements set by the Senate.
Diokno, however, said the second certification must be studied first as issuing such may be used against the lower chamber itself.
“That is something we need to carefully examine because it could be a trap. If the House complies, they might say, ‘Now you’ve violated the one-year ban,’” he said in an earlier interview.
The one-year bar prohibits the filing of more than one impeachment case against the same official within a 12-month period.
At least three impeachment complaints against Duterte were filed in December, but the House acted only on the fourth, which was submitted to the Senate on 5 February — the last session day before the congressional break for the midterm elections.
Duterte was impeached by the House on 5 February, with 215 lawmakers — more than two-thirds of its members — voting in favor.
If convicted by the Senate, Duterte would be removed from office and barred from holding any future public position.
For conviction, the Senate impeachment court must secure two-thirds of the votes — or at least 16 out of 24 members.