ILOILO – Former 5th District congressman Niel “Jun-jun” Tupas Jr. described the impeachment case against Vice President Sara Duterte-Carpio as “very complicated” both legally and practically.
Tupas, who served as chief prosecutor in the impeachment trial of Supreme Court Chief Justice Renato Corona in December 2011, pointed out key differences between that case and the impending impeachment proceedings against Duterte-Carpio.
One major factor, he said, is the limited time available due to the upcoming elections.
“There is a very clear and apparent lack of time. During the Corona impeachment, the Senate had ample time since the elections were still one and a half years away. But now, the campaign period starts as early as February 11,” Tupas said over Aksyon Radyo Iloilo on Friday, February 7.
Another significant difference, according to Tupas, is the level of public approval or trust. During the Corona trial, those initiating the impeachment had higher trust ratings compared to the accused.
“I don’t know who has the higher approval rating now — the ones pushing for impeachment or the one being impeached. That makes this situation different. I think the impeachment case against Vice President Duterte is very complicated, both legally and practically,” he added.
When asked if timing is crucial, Tupas affirmed its importance. He noted that based on Senate President Francis Escudero’s pronouncement, the impeachment trial could only begin on June 2, when Congress resumes session.
However, Tupas doubts the process can be completed before June 30, when the current Congress adjourns.
“If the trial does not conclude within this Congress, the proceedings will automatically be dismissed, which could raise constitutional issues. Under Article 11, Section 3, Paragraph 4 of the Constitution, once the Articles of Impeachment are transmitted to the Senate, the trial shall ‘forthwith proceed’ — which means immediately and without delay,” Tupas explained.
He also acknowledged the predicament of the Senate, as some of its members are seeking re-election and need to campaign starting February 11.
“Since the Constitution mandates immediate proceedings, ideally the Senate should convene next week. But if senators opt to prioritize their campaigns, completing the trial before June 30 becomes unlikely,” Tupas said.
According to Tupas, under Article 6 of the Constitution, Congress sessions start on the fourth Monday of May and end 30 days before the next session begins in July of the following year. However, Congress follows internal rules that allow recesses. Despite this, Article 11 of the Constitution, which governs impeachment proceedings, states that once an impeachment trial is transmitted to the Senate, it should proceed immediately.
“It should proceed, but the practicality of it is complicated because of the elections and campaigns,” Tupas reiterated.
On Thursday, February 6, Iloilo 3rd District’s Cong. Lorenz Defensor, one of the impeachment prosecutors, also emphasized the urgency of the trial.
“Since the Constitution states that the trial shall proceed forthwith, we interpret that to mean it should begin as soon as possible. However, we respect the Senate’s independence as a bicameral legislature, and we will not comment on how they should proceed. They must act with impartiality, free from influence from either the prosecution or the defense,” said Defensor, who also serves as House Deputy Majority Leader.
Defensor clarified that while the House respects the Senate’s interpretation of “forthwith,” they will honor whatever course of action the upper chamber takes regarding the impeachment process./PN
