HOUSE prosecutor and Mamamayang Liberal Party-list Rep. Leila de Lima on Monday night said the prosecution is prepared if the defense challenges the Senate Impeachment Court’s ruling allowing the subpoena of Vice President Sara Z. Duterte’s financial and tax records before the Supreme Court, noting that previous petitions have failed to secure a temporary restraining order.
De Lima made the remark after being asked whether the prosecution was ready if the defense elevated the subpoena ruling to the high court.
“Nakailan na ba silang mga petition, although hindi naman sila nakakakuha ng TRO from the Supreme Court,” De Lima said during a press briefing.
She said the prosecution expects the defense to continue raising issues before the high tribunal and is prepared to defend the impeachment court’s ruling.
“Siyempre dapat handa rin ang prosecution,” she said.
De Lima added that the House prosecution panel would be represented by the Office of the Solicitor General should the case reach the high court.
She maintained that the Senate Impeachment Court’s authority flows directly from the Constitution and should not be interfered with.
“We maintain that superior talaga ‘yung constitutional authority ng impeachment court. It flows directly from the Constitution,” De Lima pointed out.
She added: “And therefore, as much as possible, hindi dapat pinapakialaman ‘yung mga nagiging hakbang nito. Hindi dapat pinapakialaman ‘yung mga nagiging ruling nito.”
De Lima acknowledged that another legal view holds that the Supreme Court may review acts of the impeachment court upon a showing of grave abuse of discretion amounting to lack or excess of jurisdiction.
The prosecution, however, maintains that once the impeachment trial has begun, the Senate impeachment court has the exclusive constitutional authority to try and decide the case.
“Iba nga po ang pananaw ng prosecution diyan na nasa trial na po tayo, may exclusive power to try and decide this case by the impeachment court,” she stressed.
metrosundaily
