On Tuesday, a group of lawyers from Mindanao, along with other legal experts, asked the Supreme Court (SC) to step in and stop the Senate from proceeding with the impeachment trial of Vice President Sara Duterte. They believe the impeachment case is flawed and should not move forward.
Why Are They Asking the Supreme Court to Intervene?
The lawyers submitted a 114-page petition arguing that the Articles of Impeachment are invalid. According to Atty. Israelito Torreon, one of the petitioners, the impeachment complaint does not follow the proper legal process.
“We believe this complaint is not constitutionally valid,” Torreon said in an interview. “It violates key constitutional rules and should not be entertained by the Senate.”
Torreon, who is also the legal counsel for religious leader Apollo Quiboloy, filed the petition alongside other notable lawyers, including Atty. Martin Delgra III (former head of the Land Transportation Franchising and Regulatory Board), Atty. James Reserva, and Atty. Hillary Olga Reserva (legal counsel for Socorro Bayanihan Services Inc. leader Jey Rence Quilario).
What’s Wrong With the Impeachment Complaint?
The lawyers claim that the impeachment process was not done correctly because the first three impeachment complaints against Vice President Duterte were ignored. Instead, it was the fourth complaint, endorsed by over 200 lawmakers on February 5, that was submitted to the Senate.
Torreon pointed out that the Philippine Constitution requires impeachment complaints to be processed in a strict order:
- Once the House of Representatives receives an impeachment complaint, it must be added to the official agenda within ten session days.
- Within three days, the Speaker of the House must refer the complaint to the Committee on Justice for review.
According to Torreon, these steps were skipped, making the impeachment process invalid. He also claimed that Vice President Duterte was not given proper due process, meaning she wasn’t given a fair chance to respond before the complaint moved forward.
“It also did not follow the required verification process,” Torreon added. “Because of these reasons, the impeachment complaint should be dismissed.”
Did VP Sara Duterte Ask for This Legal Action?
Torreon clarified that Vice President Duterte had nothing to do with their petition. “This is our own move because we believe the impeachment complaint is defective,” he stated.
Prosecutors Say the Impeachment Process Is Valid
On the other hand, Rep. Ramon Rodrigo Gutierrez, one of the impeachment prosecutors, defended the impeachment complaint. He insisted that the process followed all legal rules and was correctly submitted to the Senate.
“We respect anyone’s right to file a case in the Supreme Court,” Gutierrez said. “However, as part of the prosecution team, we believe the impeachment complaint is complete and legally sound.”
He also emphasized that impeachment is a part of the democratic process. “Just because someone was elected does not mean they are exempt from accountability,” he explained. “The Constitution allows impeachment as a way to check if government officials have violated any laws.”
Senate Urged to Act Quickly
Senate Minority Leader Aquino “Koko” Pimentel III wrote a letter to Senate President Chiz Escudero, urging him to act on the impeachment complaint without delay.
Meanwhile, impeachment Prosecutor Rep. Lorenz Defensor stated that the Supreme Court is unlikely to interfere with the impeachment process, as it is a political matter rather than a legal one.
Will the Senate Start the Impeachment Trial Soon?
Lawyer Catalino Generillo Jr. has already asked the Supreme Court to force the Senate to start the impeachment trial immediately. However, Senate President Escudero said that the trial can only begin when Congress is back in session, which will be in July 2025.
Will VP Sara Duterte Resign?
Vice President Duterte has said she is not thinking about resigning. She also stated that she will not appear in the impeachment court at this stage since the rules allow her to do so.
The battle over her impeachment is still unfolding, and it remains to be seen whether the Supreme Court will step in to stop the process or if the Senate will push through with the trial as planned.
