Constitution Demands Senate Impeachment Trial
Batangas 2nd District Representative Gerville Luistro firmly stated that the Senate impeachment trial must move forward according to the Constitution. Despite public concerns over delays, Luistro emphasized the importance of following the constitutional mandate without bias.
In a recent interview, Luistro addressed the frustrations surrounding the slow progress of the Senate impeachment trial. She acknowledged public suspicion that the Senate, sitting as an impeachment court, might be stalling the process. Yet, she expressed hope for the senator-judges, choosing to give them the benefit of the doubt.
“Well, I wish to give them the benefit of the doubt with respect to their intention on all the delays that are happening with respect to the impeachment trial. But as to the delay, meron tayong kasabihan: justice delayed is justice denied. But then as far as the prosecution team is concerned, we remain ready in proceeding to the trial of this impeachment case,” Luistro said.
She added, “Alam mo, what everybody should consider is the Constitutional mandate. Regardless of what is the result of the survey, what is primordial this time is the mandate of the Constitution. And that is the stand of the prosecution team ever since to do what is being provided under the constitution.”
Senators Urged to Uphold Duty
Luistro hopes that the senator-judges will share this commitment when they reconvene on July 28. She stressed the gravity of their constitutional duty.
“And we look forward that this will be the same position of the Senate as they convene on July 28. Because at the end of the day what we should understand, this is a Constitutional duty that we really have to face,” she noted.
Concerns over the impeachment delays intensified after surveys showed many Filipinos believe the Senate is purposefully postponing the proceedings. Vice President Sara Duterte cited these surveys as evidence that the impeachment is a political attack against her family.
Contrasting Views from Lawmakers
Meanwhile, Lanao del Sur 1st District Representative Zia Alonto Adiong questioned Duterte’s camp’s insistence on dismissing the impeachment case despite the survey results allegedly favoring them.
“If they’re so confident about the survey, then why are they still pushing for dismissal of the impeachment case? They said that the people’s leanings are towards their advantage, so why are they afraid of having the impeachment trial to proceed if they are confident about that survey?” Adiong asked.
He added, “So I guess that’s kind of conflicting altogether, believing in the survey and yet pushing for dismissal of the case.”
Background and Current Status of Impeachment
Duterte was impeached on February 5 after 215 lawmakers signed the complaint citing allegations such as misuse of confidential funds and constitutional violations. The complaint was swiftly transmitted to the Senate, triggering a constitutional requirement for the trial to begin immediately.
However, the impeachment has faced several delays. The Senate did not discuss the case during the election break, and attempts to schedule the reading of the articles of impeachment have been postponed. On June 10, the Senate convened as an impeachment court but deferred the trial, citing constitutional concerns.
The Senate requires two conditions before proceeding: a certification that no more than one impeachment trial per official per year is underway, and confirmation that the prosecution team intends to pursue the case. The House has complied with the first, but the second awaits the convening of the 20th Congress on July 28.
Rumors suggest the trial might be dismissed outright by the senator-judges through a motion. However, prosecution spokesperson Atty. Antonio Audie Bucoy clarified that the Constitution mandates the Senate to “try” impeachment cases, not merely “hear” them.
Bucoy cited Article XI, Section 3(6) of the Constitution emphasizing the Senate’s sole power to try and decide impeachment cases, underscoring the requirement for an actual trial.
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