One of the House prosecutors in the case of impeached Vice President Sara Duterte has said that the impeachment of former president Joseph Estrada and late former Supreme Court (SC) chief justice Renato Corona could serve as guide and reference for them as far as the upcoming trial of Duterte is concerned.  

San Juan lone district Rep. Ysabel Zamora said that public support would be a crucial factor to convict Duterte, just like what happened during Estrada’s and Corona’s cases.

Why it is important is because “this is a political exercise,” she said in a forum held Wednesday, Feb. 19 at UP Diliman.

“The influence of the public is very important, we should muster the public’s support in this case,” Zamora said.

The lawmaker called for more informed public discourse on the impeachment as she stressed, “We should really elevate the level of discourse as regards to impeachment."

She says impeachment is not just a legal battle but also a test of democratic accountability. She added that public engagement and a well-informed citizenry are crucial in upholding justice and constitutional order.

Prosecutors are ready

According to her, the prosecution has already been studying and preparing for the trial as it is necessary to be well-prepared in presenting strong evidence for each article of impeachment.

“We should be ready… to defend these Articles and have evidence for each so we won’t be berated by… our senator-judges,” she said.

Regarding procedures, Zamora cited previous Senate rules regarding its role in impeachment trials, saying that an adjournment of the Senate sitting as a trial court shall not operate as an adjournment of the Senate as a legislative body.

“In my humble opinion, I think the reverse should actually be stated as well, so as to remove all of these issues on whether we can proceed with trial,” she said.

Compelling evidence needed

Zamora stressed the need for compelling evidence for prosecutors to not only justify Duterte’s removal from office but also perpetual disqualification from holding public office.

“Going back to the requisite standard that we need to convict… it should be something that will convince a senator or even a layperson to remove the official,” she explained.

“And it should be convincing enough that it carries the consequence that he or she will be further disqualified from (holding) future office,” she added.

She recalled the perspective of constitutional law expert Fr. Joaquin Bernas, who described impeachment as ultimately a political process that relies heavily on the gut feel of senator-judges.

“I remember also the standard mentioned by Bernas in his impeachment primer – since it is a political exercise, the standard is his gut feel, the gut feel of the senators that is required,” Zamora said.

‘House followed Constitution’

Meanwhile, Batangas 1st district Rep. Gerville Luistro, another House prosecutor, defended the impeachment complaint against Duterte as she asserted its legitimacy, constitutionality, and compliance with due process amid legal challenges and allegations of procedural flaws.

“First, ang sabi po nila (they said), we did not follow the rules on verification. It is clear in our Constitution that Congress shall promulgate its own rules on impeachment. And to be precise, wefollowed word for word the rules of the 19th Congress of the Philippines in as far as the verification is concerned,” Luistro said.

Luistro also dismissed claims that the verification process was flawed. She emphasized that the complaint was properly signed and affirmed by 215 House members.

“Second, they also made mention that the verification was only inserted days after thefiling in the Senate. Hindi po ito totoo (That's not true). As a matter of fact, during the caucus, which isthe same time when the 215 members of the House affixed their signatures, theverification page is already incorporated in the complaint,” she said.

“It was on the same day, it was on the same occasion kung saan nanumpa po ang ating mga kongresista kaugnay ng verification na kinakailangan dito sa impeachment complaint na ito (wherein the lawmakers took an oath for the verification that was required for this impeachment complaint),” she added.

She also dismissed claims that the Vice President was denied due process.

“We beg to disagree. As a matter of fact, a summons will be issued to her. He will be asked toanswer, and she will be given time to present her evidence. This is what due process isall about,” she said.