‘No Traps In Senate Impeachment Court’

No “trap” of any kind is being set by the Senate impeachment court, contrary to Akbayan party-list Rep. Chel Diokno’s claim about the order for the 20th Congress to attest to its interest in pursuing the impeachment case of Vice President Sara Duterte, the court’s spokesman Reginald Tongol clarified on Wednesday, July 2.

Tongol said the two Senate impeachment court orders are “specific certifications being required from the House as part of the effort to guarantee procedural legitimacy and to uphold constitutional standards.”

“These certification procedures should not be seen as traps or measures to impede, but these certification processes help prevent any legal impediment or challenges or technicalities that could undermine the impeachment process once it starts rolling and to uphold the proceedings’ integrity,” he noted.

Diokno previously said the election of 11 public prosecutors when the first regular session of the 20th Congress starts on July 28 should be enough proof that the House is still set to pursue the case.

Tongol also said the court cannot comply with the call of Sen. Risa Hontiveros for the new senator-judges to take their oaths because the House has yet to comply with the second court or-der on attestation of interest in pursuing the case.

Senate can’t stop trial – Carpio

Even if the senator-judges decide to dismiss the case without hearing any evidence, they will not be able to prevent the impeachment trial of Vice President Duterte, according to former Supreme Court senior associate justice Antonio Carpio.

In an interview with “Storycon” on One News on Wednesday, Carpio maintained his position that the Senate impeachment court cannot entertain a motion to dismiss as it is their duty to hold a trial.

“The Constitution says that once the articles of impeachment are received by the Senate, trial shall proceed forthwith. The motion to dismiss, that will not result in a trial. It has to be a trial,” he said.

But even if senator-judges decide to rule on such a motion, Carpio said the House prosecutors will only escalate the case to the SC.

Regardless of the high court’s ruling, he said the House may simply tackle another impeachment complaint when the one-year ban expires in December.

Carpio said he also expects the 20th Congress of the House of Representatives to submit the certification requested by the Senate regarding their commitment to proceed with the impeachment.

During trial, Carpio also said the Senate has the power to access bank records of the Vice President.

“Under the bank secrecy law, bank deposits are absolutely confidential, but there are exceptions. One, when there is a written consent by the depositor. Second, in case of impeachment. And third, when there is a bribery case before a competent court,” he said.

“In this case, there is an impeachment case, so the impeachment court can grant requests… from the prosecution in order for the bank to disclose the records. That’s I think what’s going to happen,” he said. – With Janvic Mateo, Evelyn Macairan, Jose Rodel Clapano