Lawyer Romulo Macalintal. —INQUIRER.internet file photograph
MANILA, Philippines — Campaigning is “not a cause to delay” the impeachment proceedings in opposition to 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, based on election lawyer Romulo Macalintal.
Macalintal likewise stated that campaigning wouldn’t be a “legitimate excuse for the current Senate to move on to the brand new Senate its constitutional responsibility” to forthwith or instantly begin at once the proceedings.
“The truth that half of the 24-sitting Senators are ‘already busy campaigning’ for the 2025 elections just isn’t a cause to delay the impeachment proceedings in opposition to Duterte as a result of campaigning just isn’t a part of the job description of any senator whose time period of workplace has not but expired,” he stated in a press release on Sunday.
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“Campaigning just isn’t a legitimate excuse for the current Senate to move on to the brand new Senate its constitutional responsibility to forthwith begin the stated 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 ought to be taken up by the Senate underneath 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 offered for the primary time,” the lawyer defined.
“Can’t the current Senate perceive? Its personal guidelines mandate that this impeachment case in opposition to Duterte, which is now within the Senate’s fingers can be deemed terminated that means, it can die its pure loss of life 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 can be handled “as if it was filed the primary time.”
“Therefore, a violation of the constitutional provision: No impeachment proceedings shall be initiated in opposition to the identical official greater than as soon as inside a interval of 1 12 months,” he stated.
“The sterling opinion of Supreme Court docket (SC) Justice Antonio Carpio, which was totally 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-obligatory on the Senate of the succeeding Congress to take up such unfinished issues, not in the identical standing, however as if offered for the primary time,’” the lawyer added.
Impeachment trial
Final February 6, Senate President Francis Escudero stated that holding an impeachment trial “legally can’t be accomplished” because the criticism was not referred to the plenary to determine a foundation for convening the impeachment court docket by the Senate, which had been serving as a legislative physique.
Escudero defined that for an impeachment court docket to be convened, there must be an ongoing session within the chamber. He stated this may enable impeachment judges to take their oath.
He stated this may 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 in opposition to Duterte.
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