Sara Duterte files petition before SC to block House's impeachment complaint, prohibit Senate from doing trial
Vice President Sara Duterte filed a petition before the Supreme Court (SC) blocking her impeachment trial.
The SC on Feb. 19 confirmed that Duterte filed a petition for certiorari and prohibition on Feb. 18 to challenge the validity and constitutionality of the fourth impeachment complaint against her by the House of Representatives.
In her petition for certiorari, or a request to a higher court like SC to review a lower court's decision, Duterte argued that the House violated Article XI Section 3(5) of the 1987 Constitution, which states that, "No impeachment proceedings shall be initiated against the same official more than once within a period of one year."
She asked the SC to issue the Senate a writ of prohibition, an order preventing it from making a decision.
Duterte filed the petition on the same day that lawyers from Mindanao asked the SC to stop the impeachment trial due to being "defective."
Duterte was impeached by a total of 215 members of the House of Representatives on Feb. 5. Around 30 more lawmakers later added their signatures to the complaint, increasing the number to 245. The total membership of the House is 306, which means that at least 102 signatures, or one-third of the lower legislative chamber, are needed for the case to go up to the Senate for trial. In the 24-seat Senate, it needs at least 16 or a two-thirds vote to remove her from office.
In a prepared statement, the House leadership said that the grounds for Duterte's impeachment are a “series of grave allegations, including conspiracy to assassinate Marcos, large-scale corruption, abuse of public funds, and involvement in extrajudicial killings.”
"Respondent's conduct throughout her tenure clearly displays gross faithlessness against public trust and a tyrannical abuse of power that, taken together, showcases her gross unfitness to hold public office and her infidelity to the laws and the 1987 Constitution," part of the complaint read.
On the same day after the House's filing, Senate went to recess without tackling Duterte's impeachment and will resume its session on June 2.
Senate President Chiz Escudero said the impeachment trial will start on July 22, or a day after President Ferdinand "Bongbong" Marcos Jr.'s fourth State of the Nation Address.
A successful conviction in an impeachment trial would permanently disqualify anyone from holding public office in the future. If Duterte would resign ahead of a possible conviction, she may still run.
