TWO House leaders on Monday urged the Senate to spare President Ferdinand R. Marcos Jr. from possible involvement in the Senate trial of impeached Vice President Sara Duterte by convening the impeachment court without the need for a special session.
House Assistant Majority Leader Zia Alonto Adiong of Lanao del Sur, who chairs the House Ad Hoc Committee on Marawi Rehabilitation and Victims’ Compensation, and House Assistant Majority Leader Ernix Dionisio Jr. of Manila made the statement in reaction to the stand of Senate President Francis “Chiz” Escudero that the President has to call Congress to a special session for the trial to start.
It was also in response to the appeal of three House members belonging to the Makabayan bloc for the President to make such special session call.
Adiong, Dionisio and Deputy Majority Leader Paolo Ortega V of La Union also reiterated that Vice President Sara Duterte’s trial cannot await the convening of the 20th Congress on July 28 as the nation wants it to happen now.
“Ako, I think we should not directly involve the President in the case of impeachment…because this is entirely within the scope and mandate of the Congress as the Constitution says. I tend to lean towards the legal opinion of one of our prosecutors, Congressman Lorenz Defensor, when he describes the impeachment process as sui generis, unique of its own,” Adiong said.
“Dahil hindi naman ito legislative na trabaho, ito ay something else. Ito ay paglilitis sa isang nasasakdal, in this case the Vice President of the Republic,” he said.
Adiong called attention to the martial law provision of the Constitution, where Congress can convene without a call from the President to review his martial law declaration.
“I don’t see why this cannot be applied the same with the impeachment court since it is sui generis. It’s not really connected with the legislative function of the Congress. So, I disagree in this case with the position of the Makabayan bloc…na sana huwag natin directly na-involve ang Presidente because sinasabi natin we should maintain impartiality of the court,” he said.
He raised the possibility that a call for a special session from the President might be given political color.
“We should not be using anything or anyone or any organization to influence the senator-judges on how they would approach and appreciate the merits of the impeachment cases…The more we should disallow the President to involve directly kasi baka sabihin naman ng mga kritiko ng ating pamahalaan na ‘pag ang Presidente ang magtawag ng special session…it would translate into influencing the senator-judges at baka sabihin naman nila ito ay political move,” he said.
“So ang position ko diyan is we should not allow the direct participation of the President. It is sole mandate of Congress, meaning both Houses of Congress, to approach the case of an impeachment process,” he added.
Agreeing with Adiong, Dionisio said, “Dapat hindi makialam si President Bongbong Marcos in terms of doon sa impeachment process. Kasi ‘yung sinasabing calendar, legislative calendar yun eh, iba naman itong impeachment eh,” he said.
“It’s my humble opinion na papaanong mangyayari na si President Bongbong Marcos lang ang pwedeng gumawa ng hakbang para mag-proceed yung impeachment court ng Senate in convening, di parang nakaasa naman yung Senate sa iisang tao, sa Pangulo,” he said.
“Sinabi na nga ng Constitution na sole responsibility ng Congress and the Senate to do the trial of any impeachment. So, it makes no sense na i-involve natin ng Pangulo para sa ganoon,” he said.
For his part, Ortega said it’s the call of Escudero and other senators to convene or not for VP Duterte’s trial even while Congress in on a long election-related recess.
“It’s really in the ‘yung bola nasa control ng Senate, it’s really in the hands of the Senate. Maraming opinion, maraming iba’t ibang opinion coming from different sides, pro or anti, mga legal opinion. ‘Yung bola talaga nasa Senado. So that’s the way I see it, that’s how simple it is. Nasa Senado yung bola, nasa kanila kung isu-shoot or ipapasa,” he said.
Adiong reiterated his stand on the President’s non-involvement in the impeachment and trial process.
“Dahil unang-una, sa akin lang po ay this is entirely within the ambit and powers of the Congress. We should insulate any form of influence that people may think na baka ‘yung kritiko baka magagamit na naman na influencing the Senate and the impeachment process as a whole,” he said.
Adiong said he agreed with the statement of former Senate President Franklin Drilon that the Supreme Court should dismiss the three impeachment-related cases because the power of impeachment exclusively belongs to Congress.
The Mindanao House leader also said the public is clamoring for VP Duterte’s Senate trial to start now.
“More than the issue of legal interpretation of the word ‘forthwith,’ again it only speaks about the demand of the people to hold the Vice President accountable to her actions. It’s more on the demand and the clamor of the people that indeed kailangan magkaroon na ng impeachment (trial). I guess the messaging that I’d like to look at, apart from all the various legal interpretation, is we agree, the country agrees. Meron pa nga pong supported by SWS and OCTA Research. The country says that it’s really time to hold the impeachment trial,” he said.
Dionisio reiterated that there should be no room for any other interpretation on the constitutional command for the Senate to “proceed with trial forthwith.”
“I don’t understand why, hindi ko talaga maintindihan bakit there’s room for interpretation. Maraming excuses na pwedeng gawin, maraming magaling…But at the end of the day, ang dali naman kasing intindihin. When you say forthwith, agad-agad. And this is not really for or against anyone,” Dionisio said.
“The impeachment process, the Senate acting as an impeachment court, is a venue for both parties to be heard. I think it’s the most democratic and fair process, kaya nga nasa Saligang Batas ‘yun. So there’s no reason para harangin o siraan o gamitin pa sa politika. Let’s follow our Constitution at our sentido kumon na pag sinabing forthwith, agad-agad,” Dionisio said.
