Outright dismissal of impeachment trial unconstitutional - lawyer

Metro Manila, Philippines - The “outright” dismissal of the impeachment trial of Vice President Sara Duterte is unconstitutional, a lawyer said on Monday, June 2.

Citing the Constitution, University of the Philippines College of Law senior lecturer Amando Ligutan said there could be two results of the trial: acquittal or conviction.

He said others may argue that dismissal equates to an acquittal, but noted that that is “legal gymnastics.”

“We are stretching what is otherwise clear in the Constitution: The Senate must proceed with trial and either acquit or convict an impeached official which is the vice president of the Republic of the Philippines,” he told reporters in a virtual interview.

“Kasi ‘yung pag-dismiss ng isang [The dismissal of an] impeachment trial, it is as if Congress, the Senate is exercising ‘yung [its] legislative functions,” he added.

Ligutan, the legal counsel of the impeachment complainants last year, noted a trial is not a legislative function.

“‘Pag hindi na siya [When the Senate is not] as a law-making body, the Constitution is clear: The Senate must proceed the trial and it must render a decision - either acquitting or convicting the impeached official,” the lawyer said. “It is unthinkable for the Senate not to proceed with the impeachment.”

Another lawyer, Romulo Macalintal, has raised a jurisdictional issue on the impeachment case as it was filed in the 19th Congress, which will already adjourn on June 14. The case is expected to cross over the 20th Congress.

Senate President Chiz Escudero has postponed the reading of the Articles of Impeachment from June 2 to June 11.

While some House members were dismayed with the move, House Speaker Martin Romualdez said he leaves the discretion on impeachment proceedings to the Senate.