Chel Diokno warns of 'trap' if House submits 2nd certification to impeachment court

The Senate impeachment court’s order for the House of Representatives under the 20th Congress to submit a certification of its willingness to pursue the impeachment of Vice President Sara Duterte may impair the prosecution’s case, House prosecutor and Akbayan Rep. Chel Diokno said Tuesday.

The House already submitted the first required certification that the complaint complied with the one-year ban on subsequent impeachment complaints and that it followed the Constitution.

The House under the 20th Congress has yet to submit the second certification concerning its willingness to prosecute.

“Iyan ang bagay na kailangan pag-aralan nang mabuti kasi baka naman maaaring maging trap na ‘yan. Kapag ginawa ng House ‘yan ay sasabihin naman nila, 'O, nag-violate na kayo ng one-year ban'," Diokno told reporters.

(This is something that has to be studied because it could become a trap. If the House does this, they might say, "You violated the one-year ban.")

Diokno, who worked as a human rights lawyer before the Akbayan party-list was elected to three seats in the House, said the election of 11 public prosecutors once the First Regular Session of Congress opened on July 28 was enough proof that the House remained committed to prosecuting the Vice President before the Senate impeachment court.

"If Congress will designate prosecutors to the panel, that is already a very clear indication that they want to proceed with the case," Diokno said.

Diokno said that the Senate impeachment court’s order to return the Articles of Impeachment to the House pending the issuance of two certifications had no basis under existing laws, including the Constitution.

“That remand, as well as a senator-judge moving for the outright dismissal of the impeachment case, are not provided for in the Senate impeachment rules and the Constitution,” Diokno said.

"That's why all of these things, all of what has happened in the Senate is so highly questionable because instead of obeying the Constitution, which is super clear to me, as soon as the verified complaint is filed with, bearing at least one-third signatures of the House members, they have no choice but to conduct the trial, hear the evidence, and then decide based on the evidence,” he added.

The impeachment complaint filed against the Vice President on February 5 had more than 200 House members as endorsers.

This is more than the Constitutional requirement of one-third of all House members for the impeachment complaint to be directly transmitted to the Senate and for the impeachment trial to “proceed forthwith.”

Ako-Bicol party-list Rep. Alfredo Garbin said the  House of Representatives didn't need to vote on whether it would pursue the prosecution of the Vice President before the Senate impeachment court.

“The Constitution is clear. What remains is for the Senate to try the same,” said Garbin, a lawyer.

Garbin said that the Senate could not dismiss the impeachment complaint against the Vice President via a majority vote, a position contrary to what was said by former Senate President Francis Escudero.

“The Constitution provides that the Senate should try and decide on impeachment cases. You need 18 votes [or two-thirds of the Senate] to convict, and less than 18 to acquit. The Constitution does not speak of dismissal,” Garbin said.

“The Constitution speaks of hearing, trial, and the reception of evidence,” he added.

The impeachment complaint filed by over 200 lawmakers 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 then Speaker Martin Romualdez of Leyte. –NB, GMA Integrated News