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Defensor, De Lima emphasize Senate's duty to convene impeachment court


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Two ex officio members of the House Committee on Justice on Friday said the Senate had no choice but to convene as an impeachment court once it received the Articles of Impeachment against Vice President Sara Duterte.

The House of Representatives is expected to vote on the committee report and the resolution setting forth the Articles of Impeachment on Monday, May 11.

House Senior Deputy Majority Leader Iloilo Rep. Lorenz Defensor, who was elected impeachment prosecutor in the 19th Congress, said the Constitution did not mention any condition in the convening of the Senate Impeachment Court.

Senator Panfilo Lacson earlier said the Senate Impeachment Court may not be convened if the majority of the senators oppose it.

"Under the Constitution, there is no reason to block the convening of the Senate as the impeachment court. There are no conditions under the Constitution," Defensor said in an online interview on Friday.

"The Senate has no choice but to convene because that is the requirement under the Constitution. Because let's take a scenario where we have an abusive, corrupt, and evil president. And we cannot put him on trial simply because kaalyado niya ang mga senador? Hindi pwede 'yon," he added.

"Dapat may trial talaga at kung sa palagay ng mga senador ay kailangan nilang i-acquit, eh di i-acquit nila. Kung kailangan nilang i-convict, eh di i-convict nila. But not to block the trial and to avoid your constitutional duty to convene and hold a trial and make a decision," Defensor said.

House Senior Deputy Minority Leader Rep Leila de Lima also contradicted Lacson's pronouncement.

"With due respect, I disagree with that kind of thinking, that para bang sinasabi na optional or discretionary lang on the part of the Senate na mag-convene as an Impeachment Court once the Articles of Impeachment are transmitted to it," De Lima said.

"So it's very clear sa Constitution. It's a constitutional imperative. It's an imperative constitutional process. The language of the Constitution says shall. Hindi ito may," she added.

When asked if the senators would be violating the Constitution if this happens, de Lima replied, "I would think so. I would think so."

"Mali lang 'yung ganyang paniniwala na puwede rin na hindi sila mag-convene kapag, let's say, magbotohan at ang manaig ay huwag na tayong mag-convene. They have no such choice or discretion, kasi clear para sa akin ang text ng Constitution, Article 11 of the 1987 Constitution," De Lima said.