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MANILA, Philippines — The House prosecution panel has designated lawyer Antonio Audie Bucoy as its spokesperson for the impeachment proceedings of Vice President Sara Duterte.
At his first press conference on Tuesday, June 17, Bucoy wanted to set the record straight. The country is witnessing an impeachment case against the second-highest official in the land, one who faces corruption charges.
“Tayo ay nahaharap sa isang usaping pananagutan. Pero ito po ay hindi pangkaraniwan na usaping pananagutan. Ito ay moral an usaping pananagutan,” he said.
(We are faced with a question of liability. But this is not an ordinary question of responsibility. This is a moral question of accountability.)
His background. Bucoy, a litigation lawyer with 41 years of experience, graduated from the University of the Philippines College of Law in 1984 and now serves as managing partner of Bucoy Poblador and Associates Law Offices.
He is a member of the Free Legal Assistance Group (FLAG) and the Movement of Attorneys for Brotherhood, Integrity and Nationalism (MABINI), and teaches corporate and remedial law at the Jose Rizal University College of Law.
At the press conference, Bucoy answered questions on a range of issues, including the extension of the impeachment proceedings to the 20th Congress, the possible inhibition of senator-judges, the Senate's limits as an impeachment court, and the order to return the articles of impeachment.
Crossing over a misnomer. While the Senate has floated the idea that the impeachment trial may lapse with the end of the 19th Congress, Bucoy called this argument a "misnomer." He said describing the trial as needing to "cross over" implies that the Senate is not a continuing body, which, according to him, has no basis in the Constitution and existing jurisprudence.
No decision yet on recusal motion
With some senator-judges openly supporting the vice president, even appearing in public with her, Bucoy said the prosecution has yet to decide whether to ask them to recuse themselves from the impeachment trial.
He stressed that recusal is voluntary but urged senator-judges to act with restraint, not as if they were defense lawyers introducing motions beyond what the Constitution allows. It is not even typically done by courts.
“So ang nangyari, si Senator Dela Rosa, umaaksyon na parang defense counsel,” he said. “Kung ‘yung nasasakdal ay hindi pwede maglahad ng motion to dismiss, lalo na siguro ang hukom, ‘di ba?”
(So what happened was Senator Dela Rosa acted like a defense counsel. If the accused isn’t even allowed to file a motion to dismiss, then all the more the judge shouldn’t be doing that, right?)
However, if seeking the inhibition of senator-judges would only delay the impeachment proceedings, Bucoy said it might be better to set the issue aside.
“Subalit kung ito ay magiging dahilan para maantala, siguro isantabi na lang ‘yan,” Bucoy said.
(But if this is going to be a reason for delay, maybe just put it aside.)
Only Duterte's propaganda
The House prosecution spokesperson also responded to Duterte's claim that many lawmakers who endorsed the impeachment complaint had not read it in full.
Bucoy said those who signed are lawmakers and would not have done so without understanding what they were signing, especially since their signatures were made under oath.
“Especially it is under oath. ‘Pag under oath, that is under pain of perjury. Hindi naman nila siguro isusungal sarili nilang sa ganoon. So palagay ko propaganda lang ‘yan,” Bucoy said.
(Especially it is under oath. When you’re under oath, that is under paid of perjury. They wouldn’t knowingly put themselves in that kind of position. So I think that’s just propaganda.)
The only way for the vice president to address the allegations is to answer the impeachment charges directly, he said. If she had responded to questions during the House probe into her use of confidential funds, he added, this might have been avoided.
“Kung katanggap tanggap naman ‘yung kanyang paliwanag, siguro wala tayong impeachment ngayon,” Bucoy added.
(If her explanation had been acceptable, we probably wouldn’t be facing an impeachment now.)
Remand not under rules, Constitution
Bucoy also said the Constitution does not provide for the remanding of impeachment complaints, unlike regular cases, where this refers to asking a lower court to reconsider.
“Wala hong salitang remand sa impeachment. Hindi ho angkop ang remand sa impeachment. ‘Yung remand ay para sa ordinaryong kaso sa ordinaryong hukuman but never sa impeachment court,” Bucoy said.
(There is no such thing as "remand" in impeachment. The term "remand" is not applicable to impeachment. It applies to ordinary cases in regular courts but never in an impeachment court.)
While impeachment is considered "sui generis" or unique in nature, the Senate cannot act however it wants simply because the Constitution or Senate rules don't explicitly forbid it.
“Hindi po pwedeng porke you are sui generis, pwede mong gawin ang lahat ng gusto mo. Ang limitasyon po ay nasasaad sa ating salsigang batas at sa kanilang sariling impeachment rules,” Bucoy said.
(Just because the process is sui generis doesn’t mean you can do whatever you want. The limitations are still set by our Constitution and the Senate’s own impeachment rules.)
He added that if the Senate's own rules do not align with the Constitution, then all the more they should not prevail. This, he said, is exactly why Article XI of the Constitution, which pertains to public accountability, is separate from Article VI, which governs legislative functions.
Shameful actions
Bucoy also recalled handling human rights cases early in his legal career, and as a member of FLAG, he worked on the ground with statesmen and legal luminaries like Joker Arroyo, Jose Diokno and Lorenzo Tañada.
He said he owes his knowledge and skills as a lawyer and litigator to them. If he were still alive to see the impeachment today, he believes these figures would be dismayed by the Senate's recent actions, calling them shameful.
"Mahihiya sila. Ikahihiya nila itong ginagawang kasalukuyang senado, calling a spade a spade," he said.
(They will be ashamed. They will be ashamed of what the current senate is doing, calling a spade a spade.)
As for the pace of the trial, Bucoy said it shows no signs of moving swiftly. The impeachment court is dragging its feet, he said.
"The delay or the suppression of the desire to know the truth becomes even more palpable. It becomes more compelling the longer that you delay or suppress the desire to know the truth," Bucoy added.
But once the trial begins, Bucoy said the prosecution will ensure that it does not become the source of delay.
"Let's all get involved," he said. "We are all stakeholders sa prosesong ito (in this process)."
