Duterte's defense team eyes 'remedies' as House panel hearing 'unconstitutional'
The defense team of Vice President Sara Duterte said Wednesday, March 25, that the House proceedings on her impeachment case are "unconstitutional" as it asserted that it is only the Senate that has the authority to conduct trials.
Lawyers Michael Poa and Sheila Sison, part of Duterte's defense team, said in a joint press conference that they "do not recognize" the House's authority to conduct any form of trial, citing constitutional provisions.
That was the reason why the defense team snubbed the House Committee on Justice's Wednesday trial, where panel members laid out ground rules for the House's upcoming related hearings and acted on a motion to issue a subpoena to relevant documents and witnesses.
"The Constitution vests the authority and power to conduct a trial solely in the Senate. And this is clear and explicit in Section 3, Paragraph 6, Article 11 of the 1987 Constitution," Sison said, asserting "the Constitution is clear."
Meanwhile, Sison argued that Section 3, Paragraph 2, Article 11 allows the House committee to conduct hearings but "for purposes of its report to the House," and "the same does not give the committee any power or jurisdiction to conduct any form of trial, whether mini or full-blown."
Duterte's defense team is not contesting the House's right to initiate impeachment proceedings. But it is questioning what the House panel is now doing, which is already a trial, "considering the public statements made by the chairperson."
"It appears that the committee intends to conduct a trial," Sison added.
Duterte's defense team also said they will not honor any move from the House "to proceed to form a trial or to invoke any powers incinerated to it." They will also object to any requests that are aimed at obtaining or phishing supposed evidence.
Poa said the defense team is considering various "possibilities" to find "remedies" on the House's current move, which might include going to the Supreme Court.
Poa, who was subpoenaed by the House panel during the hearing, said he has yet to receive a copy of the subpoena and is willing to address it because he has "no intention to evade."
"If there are subpoenas, these are the things that the defense team will have to discuss... Ako naman sa sarili ko, I have no problems complying with it," Poa said.
"But I have to state that the fundamental objection here is not just the issuance of the subpoenas. The fundamental objection that we are raising here is the proceedings itself," he added.
Poa said the defense team is prepared to answer the allegations and challenged the House of Representatives to elevate the case in the "proper forum," which is the Senate.