Impeachment trial can proceed without House certification —prosecutor

The impeachment trial of Vice President Sara Duterte can legally proceed even without the certification of the House of Representatives that the 20th Congress will pursue the proceedings, one of the House prosecutors said.

Zamora was referring to the Senate resolution that asked the House to certify that the impeachment complaint against the Vice President did not violate the one impeachment complaint per year threshold. The resolution also stated that the incoming 20th Congress should formally express to the Senate that it is still willing to prosecute the impeachment case.

This was the same resolution adopted by the Senate, which remanded the Articles of Impeachment to the House.

“We have to remember that the proceedings can proceed independently of these requirements made by the Senate. Wala naman po sa Constitution na dapat nilang ibalik ang articles [of impeachment] at wala naman rin pong requirement na kami ay dapat mag-file ng certification,” San Juan Rep. Ysabel Zamora told reporters.

(The Constitution does not provide for remanding the impeachment complaint to the House, and it does not even require us to file a certification.)

The Vice President is accused of betrayal of public trust, culpable violation of the Constitution, graft and corruption, and other high crimes over the alleged misuse of around P612.5 million worth of confidential funds and for threatening to kill President Ferdinand Marcos, Jr., his wife Liza, and Speaker Martin Romualdez.

Zamora said that the endorsement of over 200 lawmakers of the fourth impeachment complaint against the Vice President last February 5 is a “certification by itself” that the House complied with the requirements of the Constitution and of the chamber.

The Constitution provides that the Senate impeachment trial “should forthwith proceed” once a verified complaint or resolution of impeachment is filed by at least one-third of all the members of the House.

“Yung pag-transmit po namin, that is complete and that already means that we complied with the one-third signature requirement and that we complied with the one-year period. Wala naman nakasulat sa saligang batas na kailangan namin isubmit ‘yung mga [certification na] ‘yon,” Zamora said.

(When we transmitted the impeachment complaint, that is the compliance. The Constitution does not require us to submit any certification regarding the impeachment complaint.)

“Para po sa amin, tingin po namin na hindi po kailangan isubmit itong mga ito,” Zamora added.

(As far as we are concerned, we do not need to submit these.)

Likewise, Zamora said that the delay in the impeachment proceedings was never due to the House since it has been preparing to prosecute the Vice President as early as February 5, the day it impeached the Vice President.

“I want to remind everyone that from the day that we submitted the Articles of Impeachment against the Vice President, the House prosecution [team] has been preparing for trial. It is unfair for anyone to say that it's the prosecution that's causing the delay in the impeachment trial. The ball is in their court,” Zamora said.

“Now, it is just for us House prosecutors to present the evidence to the people, to the senators para sila ay makapagkonclude kung sila ay mag-aacquit o mag-coconvict. Dapat makita po muna nila ang ebidensya. Pero again, kung ang kailangan po nila ay ang certification na ipagpapatuloy ng kongreso ang pag-supporta sa impeachment, hindi na po kailangan yun. Sigurado naman po na pwedeng tumuloy sa 20th Congress ang impeachment proceedings,” Zamora added.

(It is for the Senators to conclude if they will acquit or convict. But they have to see the evidence first. But when it comes to certification, it is not needed because the proceedings can lawfully cross the 20th Congress.)

While it sent back the Articles of Impeachment to the House, the Senate asked the Vice President to comment on the allegations within 10 calendar days, a deadline that is set on June 21.—LDF, GMA Integrated News