House Prosecution Urges Senate to Begin Pre-Trial Proceedings
MANILA — The House prosecution team will formally request the Senate to commence the pre-trial procedures in Vice President Sara Duterte’s impeachment case, a local legislator confirmed on Wednesday. Manila 3rd District Representative Joel Chua emphasized the importance of moving forward with the pre-trial phase despite delays.
During a phone interview, Rep. Chua discussed the ongoing postponement in the impeachment trial, noting that the Senate, acting as the impeachment court, is awaiting a second certification from the current House of Representatives. This certification would confirm that the 20th Congress intends to continue pursuing the case against Vice President Duterte.
Pre-Trial Motion in Focus
According to sources, while the certification remains pending, the Senate can still initiate pre-trial proceedings. This step will be part of a motion the prosecution team plans to file soon. “Pag-aaralan namin what is our next [We’ll study what our next step would be],” Chua said. “One positive aspect is that some procedures, like submitting the answer and our reply, have been completed. We expect to decide on the motion to submit to the court within the next few days.”
Chua elaborated, “For now, we are considering filing a motion to proceed with the pre-trial.” The exact nature of the motion is still under review, but the prosecution team is focused on prompting the Senate impeachment court to act soon.
Importance of the Pre-Trial Stage
The lawmaker stressed the significance of the pre-trial phase, which involves marking evidence and listing witnesses. This stage aims to ensure an organized and surprise-free trial by clearly identifying the evidence and witness testimonies to be presented.
“We’re still studying it. […] Definitely, we will try to file a motion. As for what kind—we’re still studying it—but one possibility is a motion to proceed with the pre-trial,” Chua explained. “That’s where the marking of evidence takes place. In the pre-trial, you normally mark the evidence that will be presented during the full-blown hearing, including who the witnesses will be and the purpose of their testimony.”
Background of the Impeachment Case
Vice President Sara Duterte was impeached on February 5 after 215 lawmakers signed the fourth impeachment complaint against her. The complaint alleges misuse of confidential funds, threats against senior officials, and other constitutional violations.
The articles of impeachment were immediately sent to the Senate. Under the 1987 Constitution, the trial must begin once at least one-third of all House members endorse the complaint. This threshold has already been met.
However, the Senate returned the articles to the House, citing constitutional questions. Two main issues arose:
- Whether the one-impeachment-per-year limit was breached
- Whether the 20th Congress can proceed with a case initiated by the 19th Congress
While the House has complied with the first requirement, the second remains unresolved since the 20th Congress will only convene its first regular session on July 28.
Delays and Senate Actions
The impeachment process has faced several delays. Senate leadership initially scheduled the reading of the articles before plenary sessions in June, but dates were moved and the Senate chose to remit the articles back to the House on June 10. Meanwhile, Duterte’s camp insists the impeachment is invalid for violating the constitutional one-year rule.
House prosecutors, however, argue that the one-year limitation only starts when a complaint is referred to the House Committee on Justice, which has not yet happened in this case.
For more news and updates on Sara Duterte impeachment proceedings, visit Filipinokami.com.