HOUSE prosecutor and Manila 3rd District Rep. Joel Chua on Saturday asserted that the Senate has no constitutional authority to dismiss the impeachment case against Vice President Sara Z. Duterte, arguing that its sole duty is to proceed with the trial once it receives the Articles of Impeachment.
During the Saturday News Forum at Dapo Restaurant in Quezon City, Chua said the House prosecution panel opted to file a Manifestation rather than a Reply to Duterte’s Answer because many of the arguments raised by the Vice President’s camp effectively sought the dismissal of the case.
“Doon sa kanyang answer kasi parang pinapa-motion to dismiss niya. This is like parang motion to dismiss. At naniniwala kami na wala namang karapatan o awtoridad ang Senado para ito ay desisyunan,” Chua said.
The chairman of the House Committee on Good Government and Public Accountability stressed that the Constitution clearly defines the Senate’s role in impeachment proceedings.
“Ang tanging trabaho ng Senado ay i-try at ‘yun po ay maliwanag sa ating Saligang Batas. The Senate shall try upon receiving the Articles of Impeachment. The Senate shall proceed to the trial forthwith,” he pointed out.
According to Chua, the only way the impeachment proceedings can end is after the Senate renders a verdict.
“The only reason or the only way para ito ay ma-dismiss ay kung nag-render na ng desisyon ang Senado at it’s either ma-acquit o ma-convict ang ating Bise Presidente,” he explained.
Chua also rejected the Vice President’s challenge to the jurisdiction of the House of Representatives and its Committee on Justice.
“Maliwanag po sa ating Saligang Batas na ang House ay may exclusive jurisdiction, may exclusive power to initiate impeachment proceedings,” he said.
He warned that if the Senate were to rule on issues involving the House’s jurisdiction, it would effectively be acting as an appellate court.
“Kung ito ay tutugunan ng Senado o didesisyunan base dito sa argumento ng ating Bise Presidente, parang ang nangyayari ay nagde-desisyon sila bilang isang appellate court,” Chua said.
The Manila House leader further noted that several constitutional and jurisdictional issues raised by Duterte’s camp are already pending before the Supreme Court (SC) through petitions for certiorari and prohibition.
“Kung ito po ay tutugunan ng Senado, parang pinangungunahan pa nila ang Korte Suprema,” Chua said.
The Senate impeachment court is scheduled to hold its pre-trial conference on June 18, while the trial proper is set to begin on July 6.
