Lawyer Romulo Macalintal. —INQUIRER.internet file photograph
MANILA, Philippines — Campaigning is “not a purpose to delay” the impeachment proceedings towards Vice President Sara Duterte, because the 1987 Structure mandates the trial “shall forthwith proceed” as soon as the impeachment was filed within the higher chamber, in keeping with election lawyer Romulo Macalintal.
Macalintal likewise mentioned that campaigning wouldn’t be a “legitimate excuse for the current Senate to cross on to the brand new Senate its constitutional responsibility” to forthwith or instantly begin directly the proceedings.
“The truth that half of the 24-sitting Senators are ‘already busy campaigning’ for the 2025 elections isn’t a purpose to delay the impeachment proceedings towards Duterte as a result of campaigning isn’t a part of the job description of any senator whose time period of workplace has not but expired,” he mentioned in a press release on Sunday.
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“Campaigning isn’t a legitimate excuse for the current Senate to cross on to the brand new Senate its constitutional responsibility to forthwith begin the mentioned impeachment case as a result of the incoming senators of the brand new Congress are usually not certain by the acts and deliberations of their predecessors,” he added.
Doomes to fail
Macalintal argued that if the case must be taken up by the Senate below the twentieth Congress, then “it’s doomed to fail.”
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“That is so as a result of the very guidelines of the current Senate, (Part 123, Rule XLIV) present: All pending issues and proceedings shall terminate upon the expiration of 1 Congress, however could also be taken up by the succeeding Congress, as if introduced for the primary time,” the lawyer defined.
“Can’t the current Senate perceive? Its personal guidelines mandate that this impeachment case towards Duterte, which is now within the Senate’s fingers shall be deemed terminated which means, it’s going to die its pure demise upon the expiration of the current Congress on June 30, 2025,” he additional famous.
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And if the case is certainly dealt with by the upcoming Senate, Macalintal identified that the case shall be handled “as if it was filed the primary time.”
“Therefore, a violation of the constitutional provision: No impeachment proceedings shall be initiated towards the identical official greater than as soon as inside a interval of 1 12 months,” he mentioned.
“The sterling opinion of Supreme Court docket (SC) Justice Antonio Carpio, which was absolutely quoted by the SC in deciding the 2008 consolidated instances of Garcillano vs. HOR and Javier vs. Senate, can’t be ignored in that ‘it’s non-compulsory on the Senate of the succeeding Congress to take up such unfinished issues, not in the identical standing, however as if introduced for the primary time,’” the lawyer added.
Impeachment trial
Final February 6, Senate President Francis Escudero mentioned that holding an impeachment trial “legally can’t be achieved” because the criticism was not referred to the plenary to determine a foundation for convening the impeachment courtroom by the Senate, which had been serving as a legislative physique.
Escudero defined that for an impeachment courtroom to be convened, there must be an ongoing session within the chamber. He mentioned this is able to enable impeachment judges to take their oath.
He mentioned it will occur on June 2 as soon as the session resumes after this 12 months’s midterm elections.
On February 5, the decrease chamber confirmed that 215 lawmakers signed the fourth impeachment criticism towards Duterte.
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