Mamamayang Liberal party-list Rep. Leila de Lima on Tuesday warned that the Senate could face a Supreme Court petition if it refuses to convene as an impeachment court for Vice President Sara Duterte.
De Lima, a former senator and justice secretary, said the Senate has a constitutional duty to proceed with the impeachment process once the Articles of Impeachment are formally transmitted by the House of Representatives.
“They have to. Wala silang choice,” De Lima said in an interview.
Her remarks came a day after the House voted 257-25, with nine abstentions, to impeach Duterte for the second time in two years.
De Lima also raised concerns over the recent Senate leadership change that installed Alan Peter Cayetano as Senate president, replacing Vicente Sotto III, saying the public could question whether the reshuffle was linked to the looming impeachment trial.
“Hindi natin maiwasan magduda o mag-suspect na ‘yun ay may kinalaman sa impeachment,” she said.
Citing the Constitution, De Lima stressed that once the impeachment complaint reaches the Senate, “trial shall forthwith proceed.”
While she acknowledged that the actual trial may not begin immediately, she said senators are still required to formally convene and take their oath as senator-judges.
“Ang importante po at inaasahan natin ay mag-convene kaagad sila at sumumpa na sila as senator judges para umusad na ang proseso,” she said.
De Lima added that if senators refuse to convene altogether, concerned parties may file a petition for mandamus before the Supreme Court to compel the Senate to perform what she described as a ministerial constitutional duty.
“Wala silang option, wala silang discretion, prerogative o kapangyarihan na huwag itong gawin,” she said.
She also warned that refusing to convene the impeachment court could amount to a violation of the Constitution.