The members of the House of Representatives said that they will be leaving Vice President Sara Duterte’s impeachment process up to the Senate.
In a press conference on Thursday, February 6, House Deputy Majority Leader and Iloilo 3rd District Rep. Lorenz Defensor said that they will continue to strategize on how to approach the trial. He furthered that an information campaign will also be conducted so that the public can understand the process of impeachment.
However, he also stated the possibility of the impeachment process to cross over the 20th Congress.
“It is possible. And yes, we will leave it to the Senate and the rules of the impeachment court. Because what adjourned yesterday was our legislative calendar,” Defensor explained. “Ibig sabihin natapos po ang pag exercise namin ng aming legislative power as Congress and as Senate.”
A Class of its Own
According to Defensor, an impeachment process is a sui generis or a class of its own and is not part of the legislative process.
“An impeachment process is a sui generis or a class of its own. Kakaiba po itong proseso and its not part of the legislative process. Nasa Senado po iyan [and on] how they interpret that,” he stated.
Since it is not part of the legislative process, Defensor said that the Senate can convene anytime that they are ready without waiting for the session to open on June 2. The Senate’s rules also mention that it may cross over to the next Congress.
Earlier today, Senate President Francis “Chiz” Escudero clarified that they must organize and prepare the Senate first before conducting the impeachment proceeding. Defensor said that Escudero also mentioned that the Senate needs to update its rules of impeachment.
“We leave it up to the Senate as a separate body and as an impartial body, to be judges in the impeachment court [and] how they will proceed with the impeachment process,” Defensor said, adding that he respects the Senate’s decision.
The 11 lawmaker-prosecutors
As the midterm elections near, the lawmakers were asked what might happen if some of the 11 prosecutors would not make it to the 20th Congress.
1-Rider Party-list Rep. Rodge Gutierrez echoed Defensor’s statement that it would depend on the Senate and their rules.
“Like ng sinabi ni Cong. [Defensor], it would really depend on the Senate and their rules. But as far as we understand, it’s just a position that is elected, should there be a change in the composition,” he explained.
“We have to understand that the Senate is a continuing body, the House of Representatives is not. If ever we have a new composition [like] the 20th Congress, then I think they would just elect a new set of prosecutors if ever,” he added.
He furthered that this is a special instance of a constitutionally mandated function of Congress. Defensor echoed what Rodriguez said, adding that it would depend on the Senate’s rules of impeachment.
“Kung mayroon po tayong kasamahan sa House of Representatives na hindi papalarin at hindi makakatuloy sa 20th Congress. If the Senate rules on impeachment will provide that private prosecutors can participate during the impeachment trial, then maybe they can continue as private prosecutors,” Defensor said.
According to Defensor, the process would greatly depend on what rules the Senate would lay out.
“It would all depend on the impeachment court once they convene and they set forth their rules of impeachment,” he said.
