House can only comply with Senate's impeachment certification after SONA, says Flores
At A Glance
- The soonest that the House of Representatives could comply with the certification requirement being imposed by Senate impeachment court is some time after President Marcos' State of the Nation Address (SONA) on July 28.
The House of Representatives (Ellson Quismorio/ MANILA BULLETIN)
The soonest that the House of Representatives could comply with the certification requirement being imposed by Senate impeachment court is some time after President Marcos' State of the Nation Address (SONA) on July 28.
Thus, said Bukidnon 2nd district Rep. Jonathan Keith Flores, one of the House prosecutors in the impeachment case of controversial Vice President Sara Duterte, in a DZMM radio interview Friday, July 4.
Before the official close of the 19th Congress, the Senate sought a certification from the House of Representatives if it woulc pursue the impeachment case again in the 20th Congress.
The House, which sent the articles of impeachment against Duterte to the Senate way back on Feb. 5, is now awaiting the formal organization of the 20th Congress if it will decide to accomplish the required certification.
Flores acknowledged this procedural step, and said it was a condition set by the Senate before the trial may begin.
“Wala pang certification or compliance na magagawa (No certification or compliance can be done) until the 20th Congress is organized and starts. So that’s technically after the SONA pa,” he said.
President Marcos will deliver his fourth SONA at the House of Representatives on July 28, before a joint session of Congress.
After this, the House is expected to elect its new leadership and constitute its members. Flores explained that prosecutors in the impeachment case are nominated and elected by the House majority, which will only be constituted once the House Speaker is elected.
“Actually, they are nominated and elected by the majority. So tignan din natin anong mangyayari on the 20th Congress (So let's see what will happen in the 20th Congress),” said the lawyer-solon.
The nature of impeachment cases makes the certification aspect tricky. This is because only one impeachment case may be pursed against an impeachable officer in Congress per year.
There is a school of thought that once the 19th Congress ended last June 11, so too did the impeachment case against the Vice President, even if no actual trial was carried out.
But Flores noted that the Senate--unlike the House--is considered a continuing body. This argument suggests that the senator-judges--if they really wanted to--could start the trial anytime.
Some quarters have even questioned the propriety and constitutionality of the certification requirement.
At any rate, Flores says the conduct of Duterte's trial is not optional and should proceed once the 20th Congress formally convenes.
“No, it is not optional. As soon as it is filed, ang understanding ko, ang obligasyon ng Senado is to hear and decide the case (my understanding is, the obligation of the Senate is to hear and decide the case), he said.