Impeachment prosecutor flags possible Supreme Court case over Senate trial delay

Metro Manila, Philippines - House impeachment prosecutor and Iloilo Rep. Lawrence Defensor raised the possibility of taking the Senate to the Supreme Court amid ongoing delays in the impeachment trial of Vice President Sara Duterte.

Defensor said refusal by senators to proceed could constitute a “grave abuse of discretion,” which may be subject to judicial review.

He said filing a petition to compel the Senate to continue the trial is one option under consideration.

“This is an option not only for the prosecution team or for any member of the House of Representatives. This is an option to file a case with the Supreme Court for every Filipino citizen because all Filipinos are affected by this impeachment trial,” Defensor said in an interview with The Newsmaker.

Defensor assured they are fully prepared to proceed once the Vice President files her formal response.

“We are ready, Handang-handa kami. Inaantay lang namin makita kung ano ang ifa-file o isa-submit na answer to the complaint ni Vice President Sara Duterte para makita din namin sa papel kung ano ang kanyang mga defenses at ebidensya na ilalatag.”

[Translation: We are ready, Tristan. We are fully prepared. We are just waiting to see what Vice President Sara Duterte will file or submit as an answer to the complaint so we can also see on paper what her defenses and evidence will be]

Defensor emphasized the strength of the case, noting the impeachment complaint was backed by more than 215 House members.

Defensor said refiling the case if the trial is stalled is not a viable option.

“Refiling is not an option because everything was done legally and if we have to refile, it will affect in the most negative way this impeachment complaint because we have to wait for another year… Dapat hawakan na ng ating mga senador ang kasong yun.”

[Translation: Refiling is not an option because everything was done legally and if we have to refile, it will affect this impeachment complaint in the most negative way because we would have to wait for another year… Our senators should take charge of that case.]

He also called on the Senate to respect its constitutional duty, citing Article 11 of the Constitution that mandates impeachment trials to proceed immediately once the articles are transmitted:

“It’s a clear violation of Article 11 of the Constitution that provides that once the articles of impeachment are transmitted to the Senate, trials shall proceed forthwith. Yun mismo ay violation ng Constitution and it is a clear violation of the oath of all Senators.”

[Translation: It’s a clear violation of Article 11 of the Constitution which provides that once the articles of impeachment are transmitted to the Senate, trials shall proceed immediately. That itself is a violation of the Constitution and it is a clear violation of the oath of all Senators.]

“Maraming oras ang nasayang. Kung nagsimula sana tayo noong February na in-transmit na ang Articles of Impeachment, ay baka tapos na tayo before the 19th Congress adjourns.”

[Translation: A lot of time has been wasted. If we had started in February when the Articles of Impeachment were transmitted, we might have finished before the 19th Congress adjourns.]

Defensor said that the prosecution team continues to assess possible legal remedies depending on the Senate’s next moves.