House Prosecution Eyes Supreme Court if Senate Dismisses Complaint
MANILA, Philippines — The House of Representatives prosecution team has vowed to file a petition with the Supreme Court if the Senate votes to dismiss the impeachment complaint against Vice President Sara Duterte without holding a trial. This move highlights the prosecution’s commitment to pursue the impeachment process despite possible setbacks.
House prosecution spokesperson Atty. Antonio Bucoy shared this stance during a Saturday News Forum in Quezon City. He emphasized that the Supreme Court is the final arbiter on constitutional matters regarding the impeachment process. “The Supreme Court. We’d have nowhere else to go. Only the Supreme Court is the final judge on the institutional issue of whether it is compliant with the Constitution or not,” Bucoy said in a mix of Filipino and English.
Legal Remedies and Constitutional Challenges Ahead
Should the Senate dismiss the complaint, Bucoy explained that the prosecution panel would file a petition for certiorari with mandamus. The former challenges any abuse of discretion or lack of jurisdiction, while the latter seeks to compel the impeachment court to proceed with the trial. He acknowledged the gravity of the situation, noting that if the Supreme Court grants the petition but the Senate refuses to comply, it could trigger a constitutional crisis.
“That’s an open issue now. There will be a constitutional crisis if the Supreme Court orders it and they don’t want to follow,” Bucoy remarked. However, he expressed confidence in the senator-judges, believing they would respect the rule of law and adhere to the Supreme Court’s decision.
Senate’s Role and Duterte’s Defense
Senate President Francis Escudero previously stated that the Senate, acting as an impeachment court, can dismiss the case against Duterte if a motion to that effect is filed and approved by a simple majority—at least 13 votes. The Senate convened as an impeachment court on June 10, sending the articles of impeachment back to the House for verification to ensure compliance with the “one-year bar rule” and to confirm that the 20th Congress intends to pursue the case.
Despite this, the Senate issued a writ of summons requiring Duterte to respond to the complaint. Duterte’s legal team filed an answer ad cautelam last Monday, seeking dismissal of the complaint on the grounds that it was “void ab initio,” or invalid from the start.
House Pushes to Begin Trial
On Friday, the House prosecution team filed its reply, dismissing Duterte’s arguments as “baseless” and urging the impeachment court to commence the trial. The prosecution remains steadfast in its effort to hold the trial and maintain accountability through the impeachment process.
For more news and updates on the impeachment complaint against Vice President Sara Duterte, visit Filipinokami.com.