Chua calls for neutrality after some senator-judges join Sara in Malaysia

House prosecution member Manila Representative Joel Chua on Friday called on senator-judges to observe neutrality in the impeachment of Sara Duterte after some of them joined the Vice President in a trip to Malaysia.

This comes after Senator-judges Robin Padilla and Imee Marcos joined Duterte in Malaysia to commemorate Independence Day on Thursday.

“Ang nakalagay kasi sa rules of impeachment na ginawa po ng Senado dapat ay mag-exercise sila ng neutrality,” Chua told GMA Integrated News’ Unang Balita in an interview.

(What is stated in the rules of impeachment made by the Senate is that they should exercise neutrality.)

“Nakakalungkot nga dahil ilang senator-judges na nagpaliwanag, nagpahayag na talagang kahit anong mangyari ay nandoon sila sa panig ng kabila,” he added.

(It is sad because several senator-judges already explained and stated that no matter what happens, they will side with the other camp.)

Chua said the House prosecution team will discuss possible steps to address the issue.

Aside from Chua, one of the authors of the 1987 Constitution, Christian Monsod, earlier said that Ronald “Bato” dela Rosa and Francis Tolentino should inhibit themselves from sitting as senator-judges after they sought to dismiss the impeachment case against Duterte. 

Motion for clarification 

Meanwhile, Chua said the House prosecution team is planning to file a motion for clarification on the order of the Senate or the impeachment court to remand the complaint back to the lower chamber.

“Kaya nga po kami ay magsusumite ng clarificatory para at least malinawan po kami sa kanilang aksyon,” Chua said.

(That's why we will submit a clarificatory so that at least we can be clear about their actions.)

“Sa totoo lang dapat noong June 2 pa pinatawag na kami ng Senado. Dapat nandodoon na kami. Tapos ito ay na-move ng June 11. So, anong magiging epekto itong mga ginagawa po Senado para malaman din po namin kung saan po talaga pauusad itong mga pangyayari,” he added.

(Actually, the Senate should have summoned us on June 2. We should have been there. Then it was moved to June 11. So what will be the impact of the Senate's actions so that we can also know where these events are really going.)

On Tuesday, Senator-judge Alan Peter Cayetano moved to amend Senator Dela Rosa's motion to dismiss the case and instead made the motion that the articles of impeachment be returned to the House until such time that:

• The House of Representatives certify to the non violation of Article XI, Section 3, paragraph 5 of the Constitution, which provides that “No impeachment proceedings shall be initiated against the same official more than once within one year; include the circumstances on the filing of the first three impeachment complaints"; and
• The House of Representatives of the 20th Congress communicates to the Senate that it is willing and ready to pursue the impeachment complaint against the Vice President.

PhilConsa

Philippine Constitution Association (PhilConsa) governor Dindo Garciano, however, pointed out that the motion for clarification will imply that the House has agreed that the Senate’s order is correct.

For Garciano, the House prosecutors should challenge the Senate’s order by filing a motion for reconsideration instead.

“Ang sinasabi nga natin, unconstitutional at null and void ang order na yun. So mag-file ka ng motion for reconsideration. Atakehin mo yung order. Sabihin mo that your order, with all due respect your honors, is null and void, its void ab initio, from the very beginning,” Garciano said in a separate interview on Unang Balita.

(What we are saying is that order is unconstitutional, null, and void. So file a motion for reconsideration. Attack the order. Say that your order, with all due respect your honors, is null and void, its void ab initio, from the very beginning.)

“You have no business to tell us to prove that our Articles of Impeachment or complaint is unconstitutional or not. It is not for us, the burden of proof is not on us to prove the constitutionality. It is for the defender to prove that our Articles of Impeachment is unconstitutional,” he added.

(You have no business to tell us to prove that our Articles of Impeachment or complaint is unconstitutional or not. It is not for us, the burden of proof is not on us to prove the constitutionality. It is for the defender to prove that our Articles of Impeachment is unconstitutional.)

Garciano also pointed out  that Duterte’s defense team should be the one raising such a concern and not the Senate who is sitting as an impeachment court.

Duterte was impeached by the House on February 5 with more than 200 congressmen endorsing the verified complaint against her.

The vice president was accused of betrayal of public trust, culpable violation of the Constitution, graft and corruption, and other high crimes.

Duterte has denied the allegations. —Joviland Rita/ VAL, GMA Integrated News