Dismissal of impeachment raps vs. Sara without hearing evidence a disservice, solons say

The Senate impeachment court dismissing the complaint against Vice President Sara Duterte without hearing the evidence is a disservice to the Filipino people and a clear partiality, House members said on Thursday.

Senate President Francis Escudero said the day before that the impeachment court may vote to dismiss the impeachment complaint against the Vice President outright by a majority vote in the event such motion is put forward, given that there is no motion that is prohibited. 

“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," Manila Rep. Ernix Dionisio said.

"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 nalang i-dismiss,” he added.

(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 [the Senator-judges] seeing the pieces of evidence,” Dionisio added.

As if Constitution is not there

Mamamayang Liberal Party-list Rep. Leila De Lima took exception to the move of some senators, led by Senate President Francis Escudero, to remand the Articles of Impeachment to the House.

"Hindi na natin naiintindihan. He has been showing that kind of posturing, as if the 1987 Constitution is not there, as if the 1987 Constitution is not clear enough," de Lima said in an interview.

"Because for us, it's clear enough na once transmitted na yung Articles of Impeachment to the Senate, yung start na ng proceedings. And what are they doing now? They attempted at first na yung de facto dismissal na in-introduce, minove ni Sen. Bato. And then nagkaroon ng parang semi-solomonic solution na prinopose ni Sen. Alan Peter Cayetano about that remand. You know, that remand to me, that is an ultra vires act. Yung hindi yan, I don't think, kasama yan sa powers ng Senate as an impeachment court," she added.

Escudero also said there is no prohibited motion in the impeachment proceedings, to which de Lima replied, "Puwede ba? Huwag nyo namang subukan na... Sinusubukan nila kung ano mga strategy, mga moves, and steps para masabotahe yan, para hindi matuloy yung trial. That is not what the Constitution has envisioned for the Senate as an Impeachment Court."

When asked what Escudero's motives could be, de Lima said, "Ang hirap kasi mag-speculate ng mga real motives," she replied.

"Hindi maiiwasan yung mga agam-agam na this is part of a plan. I don't know if this is coordinated, this is something that is consciously being made by the parties, meaning the defense, and then yung senators mismo as an impeachment court," she added.

De Lima also suspects that the defense is trying to avoid an impeachment trial.

"Yung mga posturing nila, hindi sila takot sa impeachment and she's even asking for bloodbath. Despite that, their real agenda is to really avoid trial, avoid presentation of the evidence at all costs. So they were going to try all tricks in the law books or in the trial books para lang iwas hanggat makakaisip sila ng strategy, hanggat makakaisip sila ng pleadings to be filed, hanggang makakaisip sila ng motions to be put forward either by the defense itself or by a senator judge," she said.

De Lima defended the House prosecutors from Escudero's statement that they are stubborn.

"Wala akong nakikita na paglabag man lang on the part of the House of Representatives o yung hindi pagrerespeto sa Konstitusyon on the part of the House of Representatives. Ang mas nakikita natin ay yung sa side ng Senate," de Lima said.

"They're trying to play dumb and then also they're blind and not cognizant of the very essence of impeachment as envisioned by the 1987 Constitution," she added.

Based on merits

Lanao Del Sur Rep. Zia Alonto 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.

“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," Adiong said.

"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,” he added.

(If the motion to dismiss will be put forward...there is no problem if a Senator-judge want to acquit or convict. But our position that we should respect what the Constitution says remains.) 

The impeachment complaint filed by over 200 lawmakers back in February 5 accuses the Vice President of betrayal of public trust, culpable violation of the Constitution, graft and corruption, and other high crimes mainly over alleged misuse of around P612.5 million worth of confidential funds and threatening to kill President Ferdinand Marcos, Jr., his wife Liza and the President’s cousin and Speaker Martin Romualdez of Leyte.

“It's not the question of can they do it? It's the question of why should they do it?" Adiong said as regards the impeachment court dismissing the complaint without hearing the evidence.

"There is a verified impeachment na complaint... allegations that constitutes high crimes, tantamount to betrayal of public trust, among others, laid down in the Constitution...the public deserves to know the truth," Adiong said.

The full-blown presentation of evidence in an impeachment trial, Adiong said, will also serve justice 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. –NB, GMA Integrated News