Senators cannot use the election campaign to excuse themselves from sitting as magistrates in a possible impeachment trial against Vice President Sara Duterte, a former president of the Integrated Bar of the Philippines said Thursday.

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Atty. Domingo Cayosa said the Senate can still convene as an impeachment court despite Congress adjourning until June.

This, after more than 200 House lawmakers signed Wednesday a fourth impeachment complaint against Duterte, daughter of former president Rodrigo Duterte. A guilty verdict would mean Duterte’s removal and lifetime disqualification from holding office. 

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“[The Senate] can convene as an impeachment court because the adjournment is for their legislative function. The impeachment court is a non-legislative function and there is jurisprudence in the Supreme Court wherein the Court differentiated legislative and non-legislative functions,” Cayosa said in Filipino in a TeleRadyo Serbisyo interview.

“Ibig sabihin kahit hindi na sila nag-se-session para bumalangkas ng mga batas, tuloy pa rin ang trabaho ng Kongreso.”

The ex-IBP official said Senate President Francis Escudero can call for a special session to tackle the articles of impeachment. Hearings can be conducted Mondays to Fridays excluding weekends and official holidays. 

Under the Constitution, a copy of the impeachment complaint must be submitted to the Vice President to allow her to form her defense.

“Hindi rin pwedeng sabihin ng senador na uunahin niya ‘yung pangangampanya dun sa kanyang tungkulin bilang isang senador at ‘yung tungkulin ng isang senador ay hindi lang yung paggawa ng batas kundi kasama na rin dyan yung uupo bilang hukom kung may impeachment case,” Cayosa said.

[A senator cannot say he will prioritize the election campaign. The duty of a senator is not just to create laws but also to sit as judge if there is an impeachment case.)

“They cannot avoid the solemn duty and responsibility to sit as impeachment court regardless of their political leaning or affiliations. Hindi nila pwedeng gawing valid reason ‘yung pangangampanya para hindi mag-attend sa session na ipapatawag at maging hukom.”

Cayosa noted there are quarters that say the impeachment against Duterte is already too late since Congress has already adjourned and a new complaint must be filed. He added, however, there is a theory that impeachment, being non-legislative in nature, can simply continue without the need for a new complaint.

“Ganun ang rule - pag ‘yung mga un-enacted bill pwedeng i-refile ulit pero ito kasi hindi naman bill. Ito ay isang kaso. Kagaya ng isang hukom, pagnag-retire yung judge, ‘yung papalit, titingnan lang ‘yung record. Kung nagsimula na, he will pick it up from there,” he said.

The Vice President, who is accused of misusing state funds, can also bring the matter to the Supreme Court, Cayosa said, but noted the SC will usually leave it up to Congress to handle legislative processes, being a co-equal branch of government.

“Sa aking paningin, ‘yung Kongreso ngayon simulan na nila ‘yung proseso. Hindi maganda na iiwasan nila dahil nag-aalangan sila sa political repercussion.

Kung sakaling hindi nila matapos, pagdating ng bagong Kongreso, ituloy nila. Hindi maganda na i-a-avoid nila dahil lang nangangampanya sila,” he said. 

The impeachment of Vice President Sara Duterte comes just months after a public falling-out between Duterte and President Ferdinand Marcos Jr. and a congressional inquiry which questioned the vice-president’s alleged misuse of millions of pesos in confidential funds.

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Duterte had previously accused various government officials of corruption and claimed Speaker Martin Romualdez wanted her dead.

She also claimed she had arranged for Marcos, Romualdez, and First Lady Liza Araneta-Marcos to be killed if she is assassinated first. She later said her remarks were a “plan without flesh” and “does not constitute an active threat.” With Jauhn Etienne Villaruel, ABS-CBN News