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MANILA, Philippines — Senate Majority Leader Francis Tolentino is proposing an expedited impeachment trial for Vice President Sara Duterte that will run until June 30, saying it is possible to carry out a trial and render a verdict within 19 days.
Insisting that the impeachment trial cannot go beyond June 30 or when the 19th Congress lapses, Tolentino said the Senate has constitutional authority to adopt new rules of procedure that could fast-track the trial provided that Duterte’s rights are preserved under the new rules.
“That can really be done.Nothing will prevent the 19th Congress from adopting rules of procedure for an expedited impeachment trial. That can be finished within 19 days starting June 11,” Tolentino told dzBB.
Under his proposed timeline, the impeachment court will convene on June 11 and issue summons on the same day. By June 21, Duterte would have already filed her reply to the Articles of Impeachment.
By June 22, prosecutors must have already filed their reply to Duterte, with the submission of trial briefs proceeding on June 23 in the morning and the opening statements to be done in the afternoon.
Proposed presentation of evidence for House prosecutors would then be on June 24 to 25, while for the defense, June 25 to 26.
If there would be a need for rebuttals, Tolentino said this would be done on June 27 in the morning for the prosecution and in the afternoon for the defense.
On June 28, each party would be given an hour for oral arguments, followed by a closed door meeting of senator-judges on June 29 leading to a verdict on June 30.
“This has not been laid out yet. I am the chairman of the committee on rules, and the impeachment complaint has not been referred to me yet. Tomorrow (June 9), I can perhaps mention the expedited impeachment trial. This is not a summary procedure, but we need the cooperation of the prosecution,” he said.
Meanwhile, Tolentino has a suggestion for hastening the impeachment trial: “They should choose whichever they think has the most sufficient evidence. That was what happened with the previous impeachment trial. In effect, you are withdrawing the five articles of impeachment, so that will really be sped up. You narrow down the issues (and) you focus on just two or three articles – that would be faster.”
The senator also stressed that even the Vice President’s prescribed 10-day period for a reply could be narrowed down to 5 or 3 days, saying her lawyers have already been studying the articles of impeachment since they were transmitted to the Senate in February.
“Maybe they already have a draft answer. That can be expedited within three days, but because we are respecting the substantive right coming from that existing rule of the impeachment court, we maintain (the 10 days). But if they will agree to five days (to reply) then it would be easier,” he said.
Tolentino emphasized that while the new expedited rules can immediately be adopted in open session and would not delay the proceedings, it would need the cooperation of both the House prosecutors and Duterte’s legal team.
Tolentino’s proposed timetable is premised on his legal interpretation that any business of the 19th Congress – including impeachment – may not carry over to the 20th Congress.
He said once “the clock hits midnight on June 30” the impeachment would already be “functionally dismissed.”
The Articles of Impeachment are scheduled to be read in plenary on June 11.
Meanwhile, Sen. Sherwin Gatchalian warned that continued delays or refusal by the Senate to proceed with the impeachment trial might fuel long-standing public calls to abolish the chamber.
“When I was still a congressman and when I first became a politician, many are calling for the abolition of the Senate because of replication of job functions… those calls might get louder because we (senators) refuse to do our job. We don’t want to have a credibility problem and integrity issues because the Constitution was very clear with the impeachment (timeline),” he said in an interview with dzBB.
‘Continuing body’
Unlike bills that would need to be re-filed, an impeachment complaint can be carried over to the next Congress, incoming Akbayan party-list Rep. Chel Diokno maintained.
“While it is true that when the 19th Congress ends, all pending legislative matters and investigations also end – this refers to the Senate’s role as a lawmaking body,” he explained.
“It does not refer to the Senate’s role as an Impeachment Court, which is entirely separate, distinct and special,” Diokno added.
Diokno underscored that the Senate has a “constitutional duty to conduct the trial and cannot simply dismiss it through a resolution.”
“The continued delay in the proceedings and the attempt to dismiss the case through a mere resolution are deeply concerning, as they risk undermining the rule of law and the democratic principle of checks and balances,” he said.
“The Senate cannot be allowed to escape its duties based on limitations which they themselves seem to have designed,” he added.
Law school deans: Start impeachment trial
The deans of the five Ateneo Schools and College of Law, as well as Adamson University officials have joined the call for Senate to begin the impeachment trial of Duterte.
Jose Maria Hofileña, dean of the Ateneo de Manila University School of Law; Manuel Quibod, dean of the Ateneo de Davao University College of Law; Domnina Rances, dean of Ateneo de Naga University College of Law; Silva Jo Sabio, dean of Xavier University-Ateneo de Cagayan School of Law; and Corazon Montemor, dean of Ateneo de Zamboanga University Rosendo U. Castillo Jr. College of Law issued a joint statement yesterday.
“We expressly urge the Senate of the Philippines to immediately commence the impeachment trial of Vice President Duterte-Carpio and for a fair, impartial, and speedy disposition of the case, which not only upholds public office accountability, but one that also respects due process, as enshrined and mandated in our Constitution,” the statement read.
“As Filipino citizens in a democratic and republican form of government, where sovereignty resides in the people from whom all government authority emanates, it is a fundamental recognition that the powers and functions exercised by all government agencies and public officials are merely reposed in them by the people for the time being, in the interest of good governance and the common good, with duties and conditions imposed by the Constitution. Thus, we adhere to the time-honored principle that public office is a public trust that must be faithfully respected and protected in the name of the sovereign Filipino people,” the deans noted.
Meanwhile, Adamson University said that the senators have “procrastinated far too long” and should “forthwith proceed” with the impeachment of Vice President Duterte.
In a Facebook post, Adamson University officials led by its president Fr. Daniel Franklin Pilario, C.M. issued a one-page statement calling on the Senate to begin the impeachment trial of Duterte.
“To our Dear Senators, this is not the time for neutrality or passive observation; this is the time for principled leadership and decisive action. Do what is right instead of what is convenient for you. You must immediately commence impeachment proceedings as mandated by the Constitution, without further delay. You have procrastinated far too long,” Adamson said.
“The nation is watching. Honor your oath and uphold our supreme law. You owe this to the Filipino people. The Constitution demands action forthwith, and so do we,” it added. — Delon Porcalla, Evelyn Macairan