A House prosecutor said the Senate has no constitutional authority to dismiss the impeachment case against Vice President Sara Duterte, stressing that its role is limited to proceeding with the trial upon receipt of the Articles of Impeachment.
Manila Rep. Joel Chua said the House prosecution panel filed a manifestation instead of a reply to Duterte’s answer, noting that several arguments raised by the Vice President’s camp were effectively akin to a motion to dismiss, which he said is not within the Senate’s power to act upon.
“Doon sa kanyang answer kasi parang pinapa-motion to dismiss niya. This is like parang motion to dismiss. At naniniwala kami na wala namang karapatan o awtoridad ang Senado para ito ay desisyunan,” Chua said during the Saturday News Forum.
He cited the Constitution, which states that the Senate shall try impeachment cases upon receipt of the Articles of Impeachment.
“Ang tanging trabaho ng Senado ay i-try at ‘yun po ay maliwanag sa ating Saligang Batas. The Senate shall try upon receiving the Articles of Impeachment. The Senate shall proceed to the trial forthwith,” he said.
Chua said the only way impeachment proceedings can be resolved is through a Senate verdict of acquittal or conviction.
“The only reason or the only way para ito ay ma-dismiss ay kung nag-render na ng desisyon ang Senado at it’s either ma-acquit o ma-convict ang ating Bise Presidente,” he added.
He also rejected claims challenging the jurisdiction of the House in initiating impeachment proceedings, saying the Constitution grants it exclusive authority to do so.
“Maliwanag po sa ating Saligang Batas na ang House ay may exclusive jurisdiction, may exclusive power to initiate impeachment proceedings,” Chua said.
He warned that if the Senate were to rule on such jurisdictional issues, it would effectively function as an appellate body.
“Parang ang nangyayari ay nagde-desisyon sila bilang isang appellate court,” he said.
Chua added that some of the legal issues raised by Duterte’s camp are already pending before the Supreme Court, noting that Senate intervention could be seen as pre-empting judicial review.
“Kung ito po ay tutugunan ng Senado, parang pinangungunahan pa nila ang Korte Suprema,” he said.
The Senate impeachment court is scheduled to hold its pre-trial conference on June 18, with the trial proper set to begin on July 6.