A group of petitioners has asked the Supreme Court to issue a temporary restraining order (TRO) to stop the impeachment proceedings against Vice President Sara Duterte, arguing that key actions taken by the House Committee on Justice during the congressional recess were unconstitutional.
In a supplemental petition for certiorari, lawyers Israelito Torreon, Resci Rizada Nolasco, and Jimmy Bondoc challenged House Resolution No. 892, which authorized the committee to continue impeachment hearings from 21 March to 3 May, even while the House of Representatives was on regular recess.
The petitioners claimed the resolution improperly allowed the panel to exercise powers “with the same force and effect” as if Congress were in session.
In their filing, the petitioners argued that the committee acted without constitutional authority when it conducted substantive impeachment proceedings while the House of Representatives was not in session.
They said the panel received evidence, issued subpoenas, compelled attendance, entertained motions, and expanded the evidentiary record on dates when no plenary sessions were held—acts they claim constitute grave abuse of discretion.
The petition stressed that impeachment is a constitutional process governed by Article XI, which limits proceedings to “session days,” defined in jurisprudence as calendar days when the House is actually in plenary session.
They argued that House Resolution No. 892 cannot redefine or override this requirement, and that allowing substantive hearings during recess effectively treats non-session days as session days.
These actions, they warned, expanded the case against the Vice President without the constitutionally required oversight of the full chamber.
However, the petitioners said they do not seek to shield officials from accountability, the group said constitutional procedures must be strictly followed.
They reiterated their call for a TRO, urging the High Court to halt what they described as unauthorized and unconstitutional exercises of power by the Committee on Justice during Congress’ recess.
The latest filing comes as the justice panel is set to hold what is expected to be its final hearing tomorrow and possibly vote on whether there is probable cause to impeach Duterte.
Lawmakers have indicated that a committee report could be approved by 4 May, potentially paving the way for transmittal of the articles of impeachment to the Senate.