Sara Duterte asks Supreme Court to block her impeachment trial

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There are now at least three petitions filed with the SC related to Duterte's impeachment

MANILA, Philippines – Vice President Sara Duterte has filed a petition with the Supreme Court (SC) asking the High Court to block her impeachment trial.

The vice president, who faces an ouster from office following her impeachment by the House of Representatives, filed a petition for certiorari and prohibition on Tuesday, February 18. SC spokesperson Camille Sue Mae Ting confirmed the filing on Wednesday.

A certiorari petition asks a court to review another body’s decision or to review it if there’s grave abuse of discretion. If granted, it can overturn a decision or order.

In her petition, the vice president also asked the SC to issue a temporary restraining order (TRO) and/or writ of preliminary injunction. If issued, a TRO may block an order from being implemented.

Ting clarified that Duterte’s petition was not part of the matters the SC en banc discussed on Tuesday.

The lower House impeached Duterte on February 5, making her the first vice president to suffer such a fate. A total of 240 lawmakers signed the petition hinged, among others, on the complaint over her alleged misuse of confidential funds.

There are now at least three petitions filed with the SC related to Duterte’s impeachment.

Duterte filed her petition the same day her family’s allies — Mindanao lawyers and some influencers — filed a similar petition with the SC. The lawyers, led by Apollo Quiboloy’s counsel, Israelito Torreon, and former Land Transportation Franchising and Regulatory Board chair Martin Delgra, argued that the articles of impeachment used in the impeachment allegedly suffer from several constitutional infirmities, and are therefore invalid.

Senate’s role

The trial is now at the hands of the Senate, whose members will serve as judges in the impeachment trial. Like in previous impeachment proceedings, senators will vote whether or not to remove the vice president from office.

Some legal analysts have argued that the Senate needs to immediately convene to start the trial as the Constitution uses the word “forthwith,” but Senate President Francis Escudero earlier said that the upper chamber will likely constitute itself as an impeachment court only after President Ferdinand Marcos Jr. delivers his State of the Nation Address on July 28.

The Senate president also said that no impeachment trial will take place during their congressional break as seven senators are running for reelection this midterm polls.

However, former Presidential Commission on Good Government special counsel Catalino Generillo Jr. has filed a petition with the SC, asking the High Court to direct the Senate to “immediately” constitute itself into an impeachment court and begin Duterte’s trial.

Generillo cited a provision in the Constitution which says: “In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.”

The SC tackled the petition during its en banc session on Tuesday.

“The SC required the Senate to comment on the petition within a non-extendible period of 10 days from receipt of notice,” Ting said in a briefing.

Senate Minority Leader Aquilino “Koko” Pimentel III and Bayan Muna chairperson Neri Colmenares have written Escudero, urging the Senate to convene as an impeachment court. In a letter to Escudero on February 14, Pimentel cited the wording of the constitutional provision on impeachment, which, he said, “affirms that it is the Senate’s duty to act on the impeachment case of Vice President Sara Duterte ‘without any delay’ or ‘without interval of time.’”

“I repeat that this is the Senate’s DUTY,” stressed Pimentel, a Bar topnotcher and a candidate for representative of Marikina’s 1st District in the May 12 midterm elections. “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,” he added. – Rappler.com