SC asked to stop Senate from trying VP Duterte

By Chloe Mari A. Hufana and Adrian H. Halili, Reporters

SUPPORTERS OF Vice-President (VP) Sara Duterte-Carpio on Tuesday asked the Supreme Court (SC) to stop the Senate from holding her impeachment trial, as they accused the House of Representatives of violating her right to due process during impeachment proceedings.

Twenty-nine plaintiffs led by Davao-based lawyer Israelito P. Torreon and former Land Transportation Franchising and Regulatory Board Chairman Martin B. Delgra III filed the lawsuit. More are expected to join as intervenors in the case.

Named respondents were the Senate and House.

In 114-page pleading, the plaintiffs also asked the High Court to void the articles of impeachment against Ms. Duterte for failing to meet constitutional requirements on verification and proper filing.

“This is a legitimate attempt on the part of the people to stop a constantly void, as well as defective, procedurally defective, and jurisdictionally deficient impeachment complaint that was filed against Vice-President Sara Duterte,” Mr. Torreon separately told reporters after filing the suit.

He said they had not been influenced by the Vice-President to file the case.

Civil society groups, activists and clergymen separately filed three impeachment complaints against the Vice-president in December. More than 215 congressmen filed and endorsed a fourth complaint that was directly sent to the Senate before Congress went on a four-month break early this month.

Mr. Torreon said congressmen violated Ms. Duterte’s right to due process by railroading the impeachment proceedings.

“The VP was not even summoned to answer the allegations that she committed as found in the complaint,” he said. “There was no due process at all.”

He also said the impeachment complaint sent to the Senate bore only the signature of House Secretary General Reginald S. Velasco.

Meanwhile, Supreme Court spokesperson Camille Sue Mae L. Ting said the High Court gave the Senate 10 days to comment on a separate lawsuit asking the court to compel senators to start Ms. Duterte’s impeachment trial.

The tribunal might soon ask the Senate to comment on the Torreon lawsuit, she told a news briefing, noting that it would treat the case with urgency.

“In general, the Supreme Court is tasked to determine if the impeachment proceedings or the impeachment rules are in accordance with the Constitution and if there’s any grave abuse of discretion on the part of the Senate,” Ms. Ting said.

The High Court has the power to determine any abuse of discretion by any government branch, she added.

The House impeached Ms. Duterte on Feb. 5, accusing her of misusing confidential funds.

Senate President Francis G. Escudero earlier said they would not be able to convene as an impeachment court until July since Congress is on a recess.

Also on Tuesday, Senate Minority Leader Aquilino L. Pimentel III urged the Senate president to start the impeachment proceedings.

In a letter, he said the 1987 Constitution mandates the Senate to promptly start any impeachment trial.

“Given the gravity of impeachment proceedings, it is imperative that the Senate uphold its duty with urgency, diligence and a steadfast commitment to the Constitution,” according to a copy of the letter dated Feb. 14.

He said the term “forthwith” used by the Charter means the Senate should not delay the impeachment proceedings. “I repeat that this is the Senate’s duty.”

Senator Ana Theresia N. Hontiveros-Baraquel said that Constitution clearly states that the impeachment trial of the Vice-President should start immediately. “I agree with the letter issued by (Mr. Pimentel),” she told reporters in a Viber group message.

At a news briefing, Senator Maria Imelda R. Marcos said the term “forthwith” still depends on the Senate’s next available session.

“In fact, we’ve been hearing about impeachment in Congress for two years now,” the lawmaker, an ally of Ms. Duterte, said. “Also, the final impeachment complaint was not immediately brought to the Senate. We can’t say it is urgent and requires the calling of a special session.”

Congress went on a four-month break starting Feb. 5 for the 2025 midterm elections. It will reconvene for a two-week session on June 2.

The House impeached Ms. Duterte on charges of violating the Constitution, betrayal of public trust, graft and corruption and other high crimes.

The ouster charges consisted of seven articles of impeachment, including allegations of plotting the assassination of the President, misusing secret funds, amassing unexplained wealth and committing acts of destabilization.