THE House prosecution panel on Tuesday night said it would ask the Senate Impeachment Court to continue Vice President Sara Z. Duterte’s trial if she resigned, but acknowledged that the court would ultimately decide the effect of any resignation.
In a press conference, House trial spokesperson Zia Alonto Adiong of Lanao del Sur, House prosecutor and Bicol Saro Party-list Rep. Terry L. Ridon and private prosecutor and legal spokesperson Atty. Benjamin “Jay” Tolosa Jr. discussed the issue after the eighth day of the impeachment proceedings.
Asked about Duterte’s approved foreign trip lasting until July 31, Alonto Adiong replied: “Safe travels and happy trip. And hope she’ll be back soon.”
A reporter subsequently asked about rumors that Duterte might resign. Ridon said the prosecution had received no such information.
“Wala. Sa bahagi ko po, wala pa akong narinig na ganoong kuwento,” Ridon said.
Asked how a resignation would affect the pending case, Ridon said the prosecution would argue that the trial should continue.
“Dapat magpatuloy pa rin po iyong paglilitis,” he said.
Ridon said impeachment involves not only possible removal but also disqualification from holding public office.
“Hindi lang naman iyong pagtanggal ang pinag-uusapan dito. Ang pinag-uusapan din po dito iyong habam-buhay na hindi pagiging taong-gobyerno,” Ridon said.
The Constitution provides that judgment in an impeachment case shall not extend further than removal from office and disqualification from holding public office. Whether a trial should continue after an official resigns remains a disputed legal question.
Alonto Adiong referred to the case of former Ombudsman Merceditas Gutierrez. The House impeached Gutierrez in March 2011, but she resigned the following month before her scheduled Senate trial. The Senate subsequently archived the case.
Alonto Adiong maintained that Duterte’s case would be different because the trial was already underway and the Senate had assumed jurisdiction over the Articles of Impeachment.
“Even if she resigns, for example, it will not absolve—it will not even terminate the impeachment trial, because the only way to terminate the impeachment trial is for the court to finally reach a decision,” Alonto Adiong said, stating the prosecution’s position.
Tolosa likewise argued that resignation should not prevent the Impeachment Court from considering the possible consequences of a conviction.
“Ang mga kaparusahan na nakalagay sa Saligang Batas ay hindi puwedeng takasan sa simpleng pag-resign,” Tolosa said.
He noted that the prosecution had already presented its evidence under Article IV, involving the alleged grave threats. The impeachment court had also granted prosecution requests for subpoenas covering financial records sought in connection with the unexplained-wealth allegation.
Tolosa said those developments supported the prosecution’s position that the trial should be completed instead of being automatically terminated by a resignation.
Ridon emphasized, however, that the prosecution could only present its position if the issue arose. The authority to rule on the effect of any resignation would remain with the Senate impeachment court.
“Sa dulo’t dulo naman po, ang Senate impeachment court po iyong magpapasya diyan sa bagay na iyan,” Ridon said.
metrosundaily
