Senate Moves Spark Legal Risks in Impeachment Process
Senate Minority Leader Aquilino “Koko” Pimentel III warned on June 17 that the recent actions of the Senate impeachment court concerning the articles of impeachment against Vice President Sara Duterte could lead to numerous legal challenges. This development may significantly delay the impeachment process.
At a Kapihan sa Senado media forum, Pimentel criticized the court’s approach, calling it a vague and confusing strategy. He explained that the court’s decision evolved from a possible dismissal to a remand, then to returning the articles without completely dismissing or terminating the case. “Nag-evolve yan, dismissal [into] remand, [into] return, without dismissing or terminating the case,” he said.
He used a metaphor to describe the situation: “Sinoli until such time pero hawak ko pa rin. Sauli ko sayo pero hawak ko pa rin hanggang sa may gawin ka at yung anak mo [20th Congress].” This highlights the uncertainty created by the court’s order.
Legal Uncertainty Clouds Impeachment Timeline
When asked if this ambiguity could create confusion about whether the impeachment court would convene, Pimentel responded, “Mas straightforward yung kalendaryong yun, ngayon ginawa niya may return to sender.” He referred to the previous impeachment schedule that was clearer and should have been followed.
He added that the court’s decision seems to invite legal battles: “Actually, nag-iinvite ng kaso, okay file the cases, pag nag-file ng cases, di na kasalanan ng impeachment court, may TRO na kami, kinuwestyon na kami, that’s the problem.” According to him, this move allows for the filing of cases that could hinder the court’s progress by claiming temporary restraining orders (TROs).
Advisory Could Have Prevented Legal Complications
Pimentel argued that instead of creating confusion, the impeachment court could have simply issued an advisory to the House of Representatives’ panel of prosecutors to seek clarification. He explained, “Their intention, it turns out, was simply to ask questions. As I said, this is just a request for information. The court could have issued an order, or as I also mentioned, it would have been more practical to just release an advisory.”
He lamented that the complicated process has only opened the door to potential legal issues, stating, “Instead of simplifying the process so that everyone could easily understand it… now it opens the door for many to imagine potential legal issues, right? All the more, it didn’t speed things up or keep the process on a straight path.”
Potential Trap for Lawyers and Constitutional Framers
So far, no cases have been filed in response to the court’s move. Pimentel noted that even lawyers and some framers of the Constitution opposed to the decision have refrained from filing since it might be a strategic trap. This complexity could divert attention from the core merits of the impeachment case.
Despite these challenges, Pimentel emphasized that the House of Representatives can still demonstrate its commitment to pursue the impeachment in the 20th Congress. It can do so by reappointing its panel of prosecutors, similar to the approach taken by the U.S. Congress in a comparable situation. “Yun na yung manifestation that we will pursue the case,” he said.
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