A former member of the defense team of the late Chief Justice Renato Corona during his impeachment trial warned the Senate that it would likely commit “grave abuse of discretion” if it resists convening as an impeachment court to try Vice President Sara Duterte.
Lawyer Tranquil Salvador III, dean of the School of Law and Jurisprudence of the Manila Adventist College and professorial lecturer of the Philippine Judicial Academy, raised the issue on the heels of reports that the Senate may not convene as an impeachment court if the majority of the senators would vote against it, according to Senator Ping Lacson.
"Can that be a question of grave abuse of discretion? In my opinion, yes,” he said in a radio interview, adding that senators are mandated to do so under the Constitution.
Salvador warned that this would be an “issue of first impression,” and may trigger constitutional concerns.
SC battle likely
An associate dean and a constitutional law professor at the University of the Philippines Diliman, lawyer Paolo Tamese, echoed the same concern. He argued that the Senate is constitutionally bound to act on any impeachment cases, which could be initiated by convening as a court.
He, however, said this could still be overridden by political dynamics, as seen last year, when the House of Representatives first impeached Duterte, but he was not tried in the Senate due to efforts to block it.
“The Senate rules by a majority vote and therefore things may deviate from constitutional design…But in theory, as a matter of duty, they have the duty to take on this case and rule upon it if it does, in fact, go to the Senate," Tamese told ANC.
He believes that the Senate’s potential defiance may prompt new Supreme Court petitions and could derail the looming trial of Duterte, as happened last year.