Defensor: Constitution says VP Duterte impeachment trial must begin 'immediately'
At A Glance
- If the 1987 Constitution is followed to the letter, then the Senate impeachment trial of Vice President must start immediately, Iloilo 3rd district Rep. Lorenz Defensor said in a press conference on Thursday, Feb. 6.
Iloilo 3rd district Rep. Lorenz Defensor (PPAB)
If the 1987 Constitution is followed to the letter, then the Senate impeachment trial of Vice President must start immediately, Iloilo 3rd district Rep. Lorenz Defensor said in a press conference on Thursday, Feb. 6.
“Since the Constitution provides that trial shall ‘proceed forthwith,’ if we interpret ‘forthwith (immediately, right away),’ dapat po sana as soon as possible ‘yun (it should be as soon as possible)," Defensor said.
“But since the Senate is an independent body and we respect their independence, (Congress) being a bicameral legislature, we will leave that to the interpretation of the Senate,” he said.
Defensor, a lawyer and deputy majority leader of the House of Representatives, was referring to Section 3 (4) of Article XI (Accountability of Public Officers) of the Charter, which provides:
“In case the verified complaint or resolution of impeachment is filed by one-third of all the members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.”
In an impeachment process, the House's task is to prosecute, while the other legislative chamber, the Senate, is meant to convene into a quasi-judicial impeachment court to determine whether or not the impeachable officer in guilty.
Defensor, who is part of the House prosecution team, underscored that the House will respect the Senate's decision on the timeline of the trial.
“Kung tatanungin po ninyo kung June na magbubukas at magco-convene ang Senado as an impeachment court at kakapusin ng oras, tatawid po ba ito sa susunod na Kongreso?
(If you're asking that the Senate will reopen in June as impeachment court, and that it would cross over into the next Congress due to lack of time?)
"It is possible and yes we will leave it to the Senate and to the rules of the impeachment court,” he said.
However, he pointed out that the impeachment trial process was considered sui generis or in a class of its own that was not related to the legislative calendar of Congress.
“Nasa Senado po ‘yan (It's with the Senate) how they interpret that and since it is not part of the legislative process, pwede po nating sabihin (we can say that) they can convene anytime that they are ready without waiting for session to open on June 2,” he stressed.
The duly endorsed and verified impeachmemt complaint against Vice President Duterte was transmitted to the Senate Wednesday, Feb. 5. Both chambers adjourned sessions before the day was over. Solons won't reconvene until June 2.
“I heard the Senate President's (Francis Escudero) interview earlier this morning (Thursday) and he said that they will prepare first and we respect that. And they have to update their own rules of impeachment, and we also respect that," Defensor said.
"So, we live it up to the Senate as a separate body and as an impartial body to be judges in the impeachment court. How they will proceed with the impeachment process,” he added.