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MANILA, Philippines — Reappointing the prosecution panel for Vice President Sara Duterte’s impeachment trial would be a breeze in the 20th Congress, a House prosecutor said.
In an interview on Thursday, July 3, Rep. Ysabel Zamora (San Juan, Lone District) said the prosecution panel formed under the previous Congress could easily be ratified by the 20th Congress’ House of Representatives.
While she believes there’s no need to reappoint the panel, citing the Senate’s role as a continuing body, she said it wouldn’t be a problem for the lower chamber if deemed necessary.
“But on a personal note, I don’t think that there should be a new election of prosecutors. In any case, it can be easily ratified by the 20th Congress,” Zamora told dzMM Teleradyo.
“And I’m sure at the rate things are going, … I’m sure the body is most willing to elect or ratify the election of the [current] House prosecutors,” she added.
This came after impeachment court spokesperson Reginald Tongol said on Wednesday, July 2, that if the House decides to pursue the impeachment, it should also include the reauthorization of prosecutors, in line with the Senate’s second order.
Second order has ‘no legal basis’
Zamora, however, argued that requiring the House to confirm its intent to proceed, as though a rejection would automatically end the trial, is not supported by the Constitution or Senate impeachment rules.
“Babalik po tayo kasi sa sinasabi namin na this is a continuing matter. The Senate is a continuing body at hindi po natitigil ‘yung trial,” she said, noting that the trial hasn’t even begun but proceedings are already delayed.
(We go back to what we've been saying that this is a continuing matter. The Senate is a continuing body, and the trial does not stop.)
Rep. Joel Chua (Manila, 3rd District) also criticized the impeachment court’s order for lacking legal basis. “We’re only complying so we won’t be accused of delaying the hearing,” he said on Wednesday.
Despite concerns over the legality of the Senate’s order, which began with the return of the articles of impeachment, Zamora said the prosecution panel will still discuss its next steps.
“So ang paninindigan namin po ay hindi po ito nahahanap [sa batas] (So our position is that this cannot be found in the law), but of course we will talk about it. Like we complied with the first requirement already, we may comply with this second one,” she added.
Of the 11 House prosecutors previously appointed, nine won their reelection bid. The two remaining seats are likely to be filled by new lawmakers: Rep. Chel Diokno (Akbayan Party-list) and Rep. Leila de Lima (ML Party-list), who were invited to join the team.
The 20th Congress is set to convene on July 28, starting with the selection of new House and Senate leaders. Impeachment matters may be taken up in the next sessions before the month ends.
Motion to start pre-trial
The House prosecution panel submitted its compliance with the Senate’s first order on June 25, certifying that the verified impeachment complaint did not violate constitutional rules, specifically the one-year bar.
With the public eager to scrutinize the evidence, Zamora urged the impeachment court to proceed without any further delay. Meanwhile, Chua revealed the prosecution may file a motion to start pre-trial proceedings.
“There’s a presumption of legality and regularity in the complaint we filed. The Senate should proceed with the trial,” he added.
Prosecution rebuts Sara’s defense
Duterte, who is the first vice president to be impeached in the country, stands accused of misusing millions in confidential funds, bribery, inciting sedition, amassing unexplained wealth and more.
In her June 24 answer ad cautelam, Duterte denied the allegations and asked the Senate to dismiss the impeachment case.
She claimed it violated the one-year bar rule, even though jurisprudence states that impeachment begins when a filed complaint is referred to the plenary and not when it's merely filed.
She also argued against the filing of multiple complaints, despite legal precedent allowing it, which the prosecutors explained in their June 27 reply.
Duterte also said the impeachment does not carry over to the next Congress and insisted the Senate is not a continuing body, contradicting the same ruling she cited, which says otherwise.
The House prosecution has since criticized the vice president for inconsistencies and a lack of sufficient explanation in her defense, saying she merely issued denials and relied on technicalities without addressing why she is not guilty of the allegations.
