House prosecutor: Senate can't vote to dismiss VP Sara impeach case

An impeachment prosecutor of the House of Representatives on Thursday disagreed with the position of Senate President Francis "Chiz" Escudero that senator-judges can vote to dismiss the articles of impeachment against Vice President Sara Duterte.

Representative Gerville Luistro of Batangas' second district expressed her view after Escudero on Wednesday said the Senate impeachment court may vote on a motion to dismiss the articles should a member of the impeachment court make such a submission.

"The Impeachment Court cannot dismiss the Articles of Impeachment," Luistro told GMA Integrated News.

"The Constitution is clear. The power/function of the Impeachment Court is to try and to decide. Let us take note of the use of the word 'and,'" Luistro added.

She also said both the prosecution and the defense panels must be given an opportunity to present their evidence.

"Trial on the merits is mandatory. Ample opportunity to present evidence must be given both to the prosecution and the defense. Then and only then can the senator-judges decide whether to convict or to acquit," Luistro said.

Senator Ronald "Bato" dela Rosa had moved in the plenary for the dismissal of the Articles of Impeachment, but his motion was eventually amended that the complaint be returned to the House of Representatives pending a couple of certifications.

Speaking at a press conference regarding the matter, Escudero said there is no prohibited motion and that senators cannot be stopped from making such a motion. As a collegial body, Escudero said, objections to motions are put to a vote.

"Always by simple majority. Ang hindi lamang required ng simple majority [kasi] two-thirds ang kailangan kapag magbobotohan, iyong to, acquit or convict [an impeachable official under trial]," Escudero said.

(The only case when a simple majority is not required is on deciding whether to convict or acquit the impeachable official, which requires two-thirds.)

What the Charter provides

Asked if there was any legal or constitutional basis for Escudero's statement, Luistro replied, "When the Constitution does not provide, we should not provide."

For her part, ML Party-list Representative-elect Leila de Lima lashed out at Escudero's view on the issue.

"May Chiz Escudero version na talaga ang 1987 Constitution. Ibang-iba sa original," De Lima said in an online post.

(There's really a Chiz Escudero version of the 1987 Constitution. Totally different from the original.)

De Lima is expected to join the House prosecution panel in the 20th Congress.

'Disservice' to Filipinos

Meanwhile, House leaders said dismissing the Articles of Impeachment against Duterte without the presentation of evidence would be a disservice to the Filipino people by the Senate impeachment court.

House Assistant Majority Leaders Ernesto "Ernix" Dionisio of Manila and Zia Adiong of Lanao del Sur made the assertion in response to Escudero's statement in a press conference on Thursday. 

"At the end of the day, ano ba 'yung basis ng motion to dismiss? Each senator should act as an impartial judge, whether or not they are in favor of the accused or not. Doon mo makikita na may pinapanigan agad kapag nagmo-motion to dismiss without hearing a piece or pieces of evidence. Wala pang pinipresentan, gusto na nilang i-dismiss," Dionisio said.

(What is the basis of motion to dismiss to begin with? If a Senator-judge will make a motion to dismiss without hearing the pieces of evidence, then that senator-judge is clearly partial because he or she wants a dismissal without hearing the evidence.) 

"The people are watching, history will write itself now. We don't want to overstep, but it is our opinion that the impeachment is the best way to see whether or not guilty or not guilty after seeing the pieces of evidence," Dionisio added.

Respect the Constitution

On the other hand, Adiong said senator-judges should base their decision whether to convict or acquit an impeachable official on the merits of the complaint rather than dismissing it outright.

"Kung may mga motion to dismiss, ang mga senator-judges, ako... I still maintain my optimism that they will decide based on the merits of the evidence. There are senators who have already prejudged the outcome or already have their own leanings, their own biases. [At] wala naman problema if they vote for either to convict or to acquit. Basta ang position lang po namin is to respect what the Constitution says and let the impeachment process proceed," Adiong said.

(If the motion to dismiss will be put forward... there is no problem if a senator-judge wants to acquit or convict. However, we stand by our position that what the Constitution should be respected and let the impeachment process proceed.) 

Adiong was referring to Article XI Section 3.4 of the 1987 Constitution, which states that "in case the verified complaint or resolution of impeachment is filed by at least one-third of all the members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed."

The impeachment complaint endorsed by over 200 lawmakers on February 5 accuses the Vice President of betrayal of public trust, culpable violation of the Constitution, graft and corruption, and other high crimes involving the alleged misuse of P612.5 million worth of confidential funds and threatening to kill President Ferdinand "Bongbong" Marcos Jr., his wife Liza, and his cousin Speaker Martin Romualdez.

A question of why

With regard to the question of senator-judges dismissing the impeachment case outright, Adiong said, "It's not the question of can they do it? It's the question of why should they do it?"

"There is a verified impeachment na complaint ang pinag-uusapan rito ay pera ng taong bayan (There is a verified impeachment complaint involving state funds), allegations that constitute high crimes, tantamount to betrayal of public trust, among others, laid down in the Constitution... The public deserves to know the truth, the public deserves to know kung saan napuntaha 'yung kanilang pera (The public deserves to know the truth, the public deserves to know where their money went)," Adiong added.  

The full presentation of evidence in an impeachment trial, Adiong said, will also allow justice to be served to the Vice President.

"The only way for us to find out the truth and at the same time give due process to the defendant is to continue with the impeachment trial," Adiong said. — VDV, GMA Integrated News