Lawyer Romulo Macalintal. —INQUIRER.web file photograph
MANILA, Philippines — Campaigning is “not a purpose to delay” the impeachment proceedings towards Vice President Sara Duterte, because the 1987 Structure mandates the trial “shall forthwith proceed” as soon as the impeachment was filed within the higher chamber, based on election lawyer Romulo Macalintal.
Macalintal likewise mentioned that campaigning wouldn’t be a “legitimate excuse for the current Senate to go on to the brand new Senate its constitutional obligation” to forthwith or instantly begin directly the proceedings.
“The truth that half of the 24-sitting Senators are ‘already busy campaigning’ for the 2025 elections just isn’t a purpose to delay the impeachment proceedings towards Duterte as a result of campaigning just isn’t a part of the job description of any senator whose time period of workplace has not but expired,” he mentioned in a press release on Sunday.
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“Campaigning just isn’t a sound excuse for the current Senate to go on to the brand new Senate its constitutional obligation to forthwith begin the mentioned impeachment case as a result of the incoming senators of the brand new Congress aren’t certain by the acts and deliberations of their predecessors,” he added.
Doomes to fail
Macalintal argued that if the case ought to be taken up by the Senate beneath the twentieth Congress, then “it’s doomed to fail.”
READ: TIMELINE: Vice President Sara Duterte’s impeachment
“That is so as a result of the very guidelines of the current Senate, (Part 123, Rule XLIV) present: All pending issues and proceedings shall terminate upon the expiration of 1 Congress, however could also be taken up by the succeeding Congress, as if offered for the primary time,” the lawyer defined.
“Can’t the current Senate perceive? Its personal guidelines mandate that this impeachment case towards Duterte, which is now within the Senate’s arms might be deemed terminated that means, it would die its pure demise upon the expiration of the current Congress on June 30, 2025,” he additional famous.
READ: Sara Duterte’s financial institution information eyed in impeachment trial – lawmaker
And if the case is certainly dealt with by the upcoming Senate, Macalintal identified that the case might be handled “as if it was filed the primary time.”
“Therefore, a violation of the constitutional provision: No impeachment proceedings shall be initiated towards the identical official greater than as soon as inside a interval of 1 12 months,” he mentioned.
“The sterling opinion of Supreme Court docket (SC) Justice Antonio Carpio, which was absolutely quoted by the SC in deciding the 2008 consolidated instances of Garcillano vs. HOR and Javier vs. Senate, can’t be ignored in that ‘it’s non-compulsory on the Senate of the succeeding Congress to take up such unfinished issues, not in the identical standing, however as if offered for the primary time,’” the lawyer added.
Impeachment trial
Final February 6, Senate President Francis Escudero mentioned that holding an impeachment trial “legally can’t be achieved” because the grievance was not referred to the plenary to ascertain a foundation for convening the impeachment court docket by the Senate, which had been serving as a legislative physique.
Escudero defined that for an impeachment court docket to be convened, there must be an ongoing session within the chamber. He mentioned this may enable impeachment judges to take their oath.
He mentioned this can occur on June 2 as soon as the session resumes after this 12 months’s midterm elections.
On February 5, the decrease chamber confirmed that 215 lawmakers signed the fourth impeachment grievance towards Duterte.
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