The requirements the Senate impeachment court imposed on the House of Representatives should not be seen as a trap to impede the impeachment proceedings against Vice President Sara Duterte.
In a press briefing on Wednesday, Senate impeachment court spokesperson Regie Tongol reiterated the court is “actually proceeding accordingly with the transparent, fair, and legally sound process” in the impeachment case of Duterte.
“The specific certifications being required from the House are all part of the effort to guarantee procedural legitimacy and to uphold the 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 or attempts to undermine the impeachment court processes threaten the independence and credibility of the court and jeopardizes the public trust in the process itself.”
He made the remarks after House prosecutor and Akbayan Rep. Chel Diokno said the second requirement made by the Senate court must first be examined, stressing that it may be a “trap.”
Based on the impeachment court’s order, the House must issue a certification that the lower chamber did not circumvent the one impeachment case per year rule, which is stated under Article XI, Section 3, paragraph 5 of the Constitution.
The impeachment court also asked the members of the 20th Congress to indicate if they were willing to pursue the case against Duterte — a move widely seen as an effort to bury the complaint following the outcome of the May midterm elections.
The House prosecution panel has submitted its compliance with the first two requirements made by the Senate impeachment court.
Diokno, however, said the second certification must be carefully studied, as issuing it could potentially be used against the lower chamber.
“That’s something that needs to be carefully studied because it could be a trap. If the House does that, they might say, ‘Oh, you’ve already violated the one-year ban,’” he said in an earlier interview.
The one-year bar rule prohibits the filing of more than one impeachment case against the same official within 12 months.
At least three impeachment complaints against Duterte were filed in the House of Representatives in December. But only the fourth complaint — submitted to the Senate on 5 February, the last session day before the midterm election break — was acted upon.
Duterte was impeached by the House of Representatives on 5 February with 215 lawmakers — more than two-thirds of its members — voting in favor of it.
If convicted by the Senate, Duterte would be removed from office and permanently disqualified from holding public office.
For Duterte to be convicted, the Senate as the impeachment court must secure a two-thirds vote — or at least 16 of the 23 members.