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MANILA, Philippines — In light of what it called unprecedented actions in Vice President Sara Duterte’s impeachment trial, the House prosecution panel said it may file a motion seeking the inhibition of senator-judges deemed partial.
Rep. Arnan Panaligan, one of the appointed prosecutors, said the panel has plans to discuss possible legal remedies it may pursue before or after the 20th Congress convenes.
“Hindi po natin maaari i-disclose lahat ng aming gagawin, pero ‘yan na po ay pag-uusapan ano — pagbalik namin siguro or even bago magconvene ang bagong kongreso na pag-uusapan namin ‘yan,” he said at a June 13 interview with DZMM Teleradyo.
(We can’t disclose everything we plan to do, but we will be discussing that — maybe when we return, or even before the new Congress convenes.)
Panaligan said that among the remedies the prosecution panel could pursue not only includes the motion for senator-judges to recuse themselves from the trial, but also a motion to subpoena necessary records.
This follows how Duterte-aligned senator-judges, who took an oath of impartiality, attempted to junk the impeachment proceedings themselves through a motion on June 10.
No proceeding yet, no manifestation
The problem, however, is that the Senate impeachment court has yet to begin formal proceedings, making it difficult for House prosecutors — who haven't been recognized by the court — to file such motions.
This comes after the Senate voted 18-5 to return the articles of impeachment, canceling the June 11 presentation. The motion was first introduced by Sen. Bato dela Rosa, who sought the impeachment's dismissal, but was later amended by Sen. Alan Peter Cayetano.
Even before the articles of impeachment were presented, Dela Rosa and other Duterte allies in the Senate questioned their legality. But legal experts say it is the respondent and their legal team, not the judges, who should raise such objections.
The Senate also issued a writ of summons to Duterte, asking her to answer the articles of impeachment. This is despite also ordering the articles to be returned to the House.
RELATED: Impeachment court summons Sara Duterte, delays reading of impeach articles
Senate President Chiz Escudero called the presentation “moot” or unnecessary after the impeachment court had already issued summons.
“May mga remedy naman maaaring gawin ng prosecution ano, magfile ng motion, lahat 'yan. Hindi lang motion to inhibit, even ‘yung motion to subpoena yung mga records. Eh hindi namin magawa ‘yan kasi nga hindi natuloy [ang presentation of articles],” Panaligan said.
(There are remedies available to the prosecution, filing motions, all of that. Not just a motion to inhibit, even a motion to subpoena records. But we can’t do any of that because the presentation of the articles didn’t push through)
“Nagconvene ‘yung impeachment court nung nagkaroon ng oath-taking pero walang kwan, walang trial, walang proceeding na nangyari,” he added.
(The impeachment court convened during the oath-taking, but there was no trial, no proceeding that took place.)
Panaligan explained that without formal proceedings, they could not make a manifestation, which is usually presented during an open court session. Since no proceeding has started, he said in Filipino that “everything remains in limbo.”
“I hate to admit it pero ‘yun ang nangyari (but that’s what happened),” he added.
Clarification on Senate order sought
Instead of accepting or rejecting the order, the House prosecution panel issued a motion for clarification given the rather “confusing” technicalities of the Senate’s order.
RELATED: Sara Duterte's trial: House prosecution seeks clarification to Senate order
The lower chamber also adopted a House resolution seeking to certify the verified impeachment complaint endorsed by at least one-third of its membership as constitutional.
While this would comply with the Senate’s first requirement, the House did not order the certification to be transmitted to the impeachment court.
Instead, the House majority voted in favor of the motion to defer receipt of the articles of impeachment from the Senate until it issues a response to the clarification the prosecutors seek.
The prosecution panel also said it will only comply with the order if the clarification falls within the bounds of the Constitution.
As Congress adjourned sine die on June 11, it left the impeachment proceedings hanging in the balance. The question now: will the case survive into the next Congress?
The House, however, remains optimistic it will because the Senate itself said the motion does not “dismiss” or “terminate” the impeachment against Duterte.
The 20th Congress will convene on July 28, the same day the president delivers his State of the Nation Address.
