Vice President Sara Duterte has a pending petition for the Supreme Court to stop the impeachment trial at the Senate.
The ground:That it violates the one- impeachment-per-year rule.
An impeachment complaint shall be considered initiated and filed for purposes of this rule when it is filed with the office of the Secretary General and referred to the Speaker.
The Articles of Impeachment that was transmitted to the Senate is already the fourth impeachment complaint filed against the Vice-President in one year.
However, the first three complaints were not immediately referred to the Speaker of the House — hence, not considered as having been initiated.
The House of Representatives’ Secretary General said, in a public interview, that some congresspersons requested him to hold on to the complaints because signatures were still being collected for the fourth complaint.
Is this allowed despite the House’s Rules of Impeachment, Section 3, Rule II?
Section 3. Filing and Referral of Verified Complaints. A verified complaint for impeachment by a Member of the House or by any citizen upon a resolution of endorsement by any Member thereof shall be filed with the office of the Secretary General and immediately referred to the Speaker.
The Supreme Court can rule in favour of Ms. Duterte, and kill the impeachment trial by applying the ordinary meaning of “immediately”.
Or it can refuse to rule on the case, and say that the House has the discretion to decide what “immediately” means.
If VP Sara loses the Supreme Court case, one member of the Senate can still move for the trial to be stopped because of the one year ban — i.e. the Senate loses jurisdiction over the case.
Sen. Bato dela Rosa is confident they have the numbers. They can shut down the impeachment with an early vote.
If the trial goes on, I am not discounting the possibility of a resignation — citing utter lack of due process.
If this happens, VP Sara can officially launch her presidential campaign.
The Administration then needs a game plan. Because so far, VP Sara is winning the public narrative, and she has the numbers at the Senate.
Abangan.
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Author’s email: goldabenjamin@gmail.com
