Amid loud rumors of another shakeup in its leadership, the Senate convened on Monday as an impeachment court to try Vice President Sara Duterte.
The court immediately ordered that a writ of summons be issued to Duterte to respond to the articles of impeachment against her. She had skipped the entire impeachment proceedings of the House of Representatives’ committee on justice.
Wearing red robes, 23 senators led by Senate President Alan Peter Cayetano took their oath as judges in the impeachment court.
The lone absent senator-judge was Ronald “Bato” dela Rosa, who fled the Senate early on May 14 after returning on May 11 to vote for Cayetano as Senate president, unseating Vicente Sotto III.
The International Criminal Court has issued a warrant for Dela Rosa’s arrest. He is charged with being a co-perpetrator of crimes against humanity during then President Rodrigo Duterte’s “war on drugs” which killed thousands. The ex-president has been detained for over a year now at the ICC’s prison facility in the Netherlands.
Dela Rosa, who once headed the Philippine National Police, served as the chief implementer of Rodrigo Duterte’s brutal antidrug campaign.
‘Impartial justice’
After being sworn in by Sen. Camille Villar as the impeachment court’s presiding officer, Cayetano administered the oath of the senator-judges: “I solemnly swear that in all things pertaining to the trial of the impeachment of Vice President Sara Duterte now pending, I will do impartial justice, according to the Constitution and the laws in the Philippines. So help me God.”
House Secretary General Cheloy Garafil personally turned over House Resolution No. 989 containing the articles of impeachment against the Vice President to the Senate last May 13, at the height of the chaos generated by Dela Rosa’s reappearance at the chamber after a six-month absence.
The Vice President is charged with graft and corruption, betrayal of public trust, culpable violation of the Constitution, and other high crimes.
Acting Senate Majority Leader Joel Villanueva said the articles of impeachment have been referred to the Senate committee on rules and “consequently” to the impeachment court.
“Mr. President, the articles of impeachment against the Vice President with its annexes are now presented to the court for proper disposition and action,” Villanueva said.
Cayetano said this was “noted” and “on record.”
He added: “The court having been organized and the articles of impeachment having been presented, let the writ of summons be issued to the Vice President, Sara Zimmerman Duterte, who is directed to file or answer within a non-extendable period of 10 days from receipt. …She is directed to appear before the session hall of the Senate upon receipt of notice.”
Cayetano directed the newly designated Senate Sergeant at Arms Jose Luis Montales to serve the summons to Duterte, along with the articles of impeachment. He said the House prosecution team may file a reply within a non-extendable period of five days upon receipt of Duterte’s response.
He also directed the Clerk of Court to calendar the case for pre-trial and issue the corresponding notices to the parties after the last pleading is filed.
‘Fair’ impeachment calendar
Cayetano said that upon the conclusion of the pre-trial, the trial proper shall commence “on a date and time fixed by the court, of which the parties will be duly notified.” He said he would discuss with the Senate minority, and later the senator-judges, the dates of the impeachment trial.
“We will fix the calendar together. In pursuit of impartial justice, we will come up with an impeachment calendar that is fair to the prosecution and defense and allow us to function on the legislative side,” he said.
The impeachment court then suspended its session.
Reacting to the convening of the Senate impeachment court, the Vice President’s legal team said it had taken notice of the move and the issuance of the summons “in due course.”
“We will comply and file the appropriate response in accordance with the Constitution and applicable rules,” the defense team said in a statement, adding: “At this stage, and out of respect for the process, we find it prudent to refrain from further comment.”
The House prosecution team is made up of Manila (3rd district) Rep. Joel Chua, Mamamayang Liberal Rep. Leila de Lima, Iloilo (3rd district) Rep. Lorenz Defensor, Akbayan Rep. Chel Diokno, Bukidnon (2nd district) Rep. Keith Flores, 1-Rider Rep. Rodge Gutierrez. Batangas (2nd district) Rep. Gerville Luistro, Bicol Saro Rep. Terry Ridon, Cagayan de Oro (1st district) Rep. Lordan Suan, San Juan Rep. Ysabel Zamora, and Dinagat Islands Rep. Kaka Bag-ao.
13-11
The impeachment court was convened amid talk that Cayetano would be eased out following the May 13 shooting at the Senate triggered by the now-suspended Senate Sergeant at Arms Mao Aplasca and the early-morning flight on May 14 of Dela Rosa, whom the chamber had been holding in protective custody.
When the session began on Monday, however, Cayetano remained the Senate president. But the minority bloc led by Sotto gained two members: Senators Miguel Zubiri and JV Ejercito, who had abstained during the voting for the new Senate leader on May 11.
The new configuration at the Senate is now 13 majority members under Cayetano and 11 minority members under Sotto.
The Constitution states that conviction requires a two-thirds vote, or 16, in the 24-member Senate. On the other hand, Vice President Duterte would need at least nine votes to be acquitted and remain in office. CS
