Sara makes own move at SC vs impeachment
- Once appearing nonchalant about being removed from office (a breakup is more painful than impeachment, she declared), VP Sara Duterte now wants the Supreme Court to nullify the House’s move.
- In a 36-page petition for certiorari and prohibition, Duterte also asked the high tribunal to issue a temporary TRO to stop the Senate from proceeding with her impeachment trial, a conviction from which would ban her from holding public office.
- But Deputy Speaker David Suarez of Quezon said: “If she truly believes she is innocent, she should face the charges head-on instead of running to the courts for protection. This attempt to short-circuit the process only raises more questions about what she is trying to hide.”
Vice President Sara Duterte has made her first legal move to fight the case that could lead to her removal and to a lifetime ban from public office.
Duterte filed a petition on Feb. 18 asking the Supreme Court to nullify the impeachment complaint against her, accusing the House of Representatives and Secretary General Reginald Velasco of grave abuse of discretion when they “withheld” the first three complaints allegedly to circumvent the one-year prohibition on filing a similar case.
Hours after it was filed, a group of lawyers from Mindanao, officials of Davao City and other supporters of the Vice President also petitioned the Supreme Court to stop the Senate from proceeding with her impeachment trial.
The House impeached Duterte on Feb. 5 after 215 lawmakers endorsed a fourth complaint, fast-tracking the process and sending the complaint to the Senate for trial.
The complaint accuses her of culpable violation of the Constitution, bribery, graft and corruption, and betrayal of public trust for, among others, her alleged misuse of confidential funds and an alleged death threat on President Marcos, first lady Liza Araneta-Marcos and Speaker Martin Romualdez.
She has repeatedly denied wrongdoing, saying the move to impeach her, amid a bitter rift with Mr. Marcos, was politically motivated.
Prayer for TRO
In a 36-page petition for certiorari and prohibition, Duterte also asked the high tribunal to issue a temporary restraining order (TRO) to stop the Senate from proceeding with her impeachment trial, a conviction from which would ban her from holding public office.
Duterte is being represented by lead counsel Sheila Sison of Fortun, Narvasa and Salazar law firm, and part of her defense team is her father, former President Rodrigo Duterte.
The petition, docketed as GR No. 278353, was filed around 9 a.m. on Tuesday, three hours before her supporters filed a separate one that also questioned the impeachment complaint against her.
Named respondents are the House of Representatives, represented by Romualdez and Velasco, and the Senate, represented by Senate President Francis Escudero.
Constitutional violation
In seeking relief from the high tribunal, Duterte asked the court to nullify and set aside the fourth impeachment complaint filed on Feb. 5, arguing that it violated a constitutional provision that states that “no impeachment proceedings shall be initiated against the same official more than once within a period of one year.”
Duterte said the House “deliberately circumvented” this provision when it directed Velasco to allegedly “give them more time” to file the fourth impeachment complaint, even though three prior separate impeachment complaints were filed earlier on Dec. 2, Dec. 4 and Dec. 19 last year.
The first three complaints were archived after a fourth impeachment complaint was eventually endorsed and transmitted to the Senate shortly before Congress adjourned its session.
Velasco interviews
“The reason for awaiting the fourth impeachment complaint is not a secret—to allow the House of Representatives and its members to gather the required number of signatures to railroad the impeachment process,” the petition read.
It pointed out that even after Congress took a recess on Dec. 18, 2024, or 16 days after the filing of the first complaint and 14 days after the filing of the second one, Velasco did not transmit any of them to Romualdez.
Strong 2028 contender
The petition cited several media interviews of Velasco where he admitted that some lawmakers requested him not to refer any of the first three impeachment complaints to Romualdez, to “give them more time to endorse any of them, consolidate any of them, or file a fourth impeachment complaint.”
“This political stratagem was done at the expense of constitutional standards … with the ultimate goal of having the petitioner perpetually disqualified from running for any national elective office,” she added in the petition.
The daughter of the country’s firebrand former leader, Duterte is seen as a strong candidate for the 2028 presidential election.
Desperate move
House lawmakers lambasted Duterte’s petition as a “desperate and baseless” move to evade accountability.
“The Constitution is clear—impeachment is the sole prerogative of Congress,” Senior Deputy Speaker and Pampanga Rep. Aurelio Gonzales Jr. pointed out. “They’re now running scared … perhaps the allegations of corruption are true, especially given the likelihood of her bank records being looked at.”
Deputy Speaker David Suarez of Quezon said Duterte’s latest move “reeks of panic and a blatant effort to undermine the impeachment process even before it formally begins.”
‘Staggering hypocrisy’
“If she truly believes she is innocent, she should face the charges head-on instead of running to the courts for protection. This attempt to short-circuit the process only raises more questions about what she is trying to hide,” he noted.
House Assistant Majority Leader and Tingog Rep. Jude Acidre also slammed Duterte for her “staggering hypocrisy” over her impeachment, which she had described as “less painful than a breakup with a boyfriend or girlfriend.”
“Just months ago, she declared she welcomed the impeachment complaint. Now, she’s pulling every trick in the book to stop it from moving forward. If she truly had nothing to hide, why the sudden fear?” Acidre asked.
Their sentiment was shared by opposition lawmakers, who said Duterte’s attempt to secure a TRO from the high tribunal “was not only premature but also a blatant evasion of accountability.”
Pattern of avoidance
“The Vice President’s move to halt the impeachment trial … is a clear indication of her refusal to face the charges against her at the appropriate venue, [which] is the impeachment court, not the Supreme Court. By resorting to legal maneuvers, she is reinforcing a troubling pattern of avoiding accountability,” remarked ACT Teachers Rep. France Castro.
Gabriela Rep. Arlene Brosas added: “Whatever happened to her earlier statement welcoming the impeachment and preparing her defense team? It is evident now that she is backtracking on her words.” —WITH A REPORT FROM REUTERS
