House impeachment prosecutor ‘surprised’ by Ombudsman’s swift action on VP Duterte’s case

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House impeachment prosecutor ‘surprised’ by Ombudsman’s swift action on VP Duterte’s case

Vivienne Gulla,

ABS-CBN News

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Vice President Sara Duterte holds a press conference at the Office of the Vice President in Mandaluyong City, on February 7, 2025. Maria Tan, ABS-CBN News/FileVice President Sara Duterte holds a press conference at the Office of the Vice President in Mandaluyong City, on February 7, 2025. Maria Tan, ABS-CBN News/File

MANILA — A member of the House impeachment prosecution panel expressed “surprise” and raised a “concern” over the Ombudsman’s swift action on the lower chamber’s recommendation to file plunder and other cases against Vice President Sara Duterte.

House Committee on Good Government and Public Accountability Chairperson Rep. Joel Chua said only three days after the Office of the Ombudsman was furnished a copy of his committee’s report, which was adopted by the House of Representatives, it issued an order directing Duterte and several others to submit their counter-affidavits.

Chua pointed out that the document submitted to the Ombudsman did not include yet the voluminous evidence that would support the committee report.

“Based sa ating pagkakaalam po, dapat may fact-finding investigation pa muna ito. From there, saka lamang ‘yung preliminary investigation. So normally pagka ganyang may committee report, ang gagawin niyan, ‘yung field investigation office nila, magko-conduct ng fact-finding investigation, kukuhanin lahat ng ebidensya, iga-gather lahat, bago pa lang magpo-proceed sa preliminary investigation. So, ito parang nawala na ‘yung fact finding investigation, nag-proceed na sa preliminary investigation,” he explained.

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“Ito ay welcome development sa amin, dahil kung maaalala ninyo noong November, sinasabi ng ating Ombudsman, na wala siyang nakikitang violation ng ating bise presidente. So sa pag-akto nila dito sa ating committee report, ay maaaring nag-iba na ang kanilang opinion dito. Bagamat doon sa isinumite naming committee report ay hindi pa nakapaloob ang ebidensya namin. Kaya this is masasabi naming parang mabilis din ‘yung naging pangyayari… medyo nagulat lang kami,” Chua added.

The Office of the Ombudsman is led by Duterte-appointee Samuel Martires, whose term of office will end next month.

Chua refused to speculate on the reason behind the Ombudsman’s swift action on Vice President Duterte’s case, but he also said that based on a previous Supreme Court decision, impeachable officials should be removed from office first through impeachment, before they can be held to answer criminally for any wrong or misbehavior.

“Mayroon ako kasing isang concern ako dyan. Dahil mayroong isang kaso, kung saan sinabi po rito ng ating kagalang galang na Korte Suprema na ‘yung mga impeachable officers… bago sila makasuhan, dapat i-impeach muna…Doon sa charter ng Ombudsman, dapat lahat pwede nilang imbestigahan, except impeachable officers,” Chua said.

“In so far as the other respondents, except for the Vice President, pwede naman umabante. But doon sa Vice President, unless and until lumabas ang resulta ng impeachment, that’s the only time na pwede siyang makasuhan… Kaya nga naglalagay ng impeachment proceeding eh, so ito muna,” he added.

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If the Ombudsman decides to dismiss the case against Duterte before her impeachment trial is concluded, Chua and another House impeachment prosecutor, Rep. Lorenz Defensor, are optimistic it will not weaken their case before the impeachment court as long as the prosecution gets to present their evidence.

“Hindi naman hihina… Iba po ‘yung timbang ng dalawa. ‘Yung isa ang kino-consider doon ‘yung criminal aspect. Dito sa impeachment ang kino-consider dito ay ‘yung conduct ng ating Bise Presidente,” Chua said.

“It will affect public opinion on the case, but it will not affect the impeachment if the evidence will be received by the senator-judges. And the public again will be swayed once the evidence is presented,” Defensor added.

For Defensor, the Ombudsman’s initial action on the House’s recommendation “is a good sign that there are reasons for an investigation to be done by the Ombudsman.”

Chua, meanwhile, gave assurances that his committee will cooperate with the Ombudsman’s investigation.

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SUMMONS

Vice President Duterte has until June 23 to answer the writ of summons issued by the Senate sitting as an impeachment court.

If she fails to reply, the trial should still push through, according to Defensor.

“Kung mag-comply at mag-file ng answer ang vice president, maganda ‘yun para malaman natin kung ano ang kanyang magiging depensa. Kapag hindi siya mag-comply, pwedeng pwedeng tuloy ang isang impeachment trial na walang answer na ifinile,” he said.

“Kung hindi siya makapagsubmit, wine-waive niya ang kanyang karapatan para makapag-submit ng maayos na reply,” Chua said.


REFILE IN 20TH CONGRESS?

Chua denied claims that the House of Representatives is considering to refile the impeachment complaint against Duterte in the 20th Congress.

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“Wala po kaming napag-uusapang ganoon… Mayroon po tayong tinatawag na one-year bar. Within one year, dapat isang impeachment complaint lang ang ifa-file,” he explained.

The chair of the House Committee on Good Government and Public Accountability added that there is no need for a physical filing before the Senate impeachment court of the certification by the House of Representatives that its impeachment proceedings against Duterte are in compliance with the Constitution.

“Naipasa na po ang resolution. Bagamat hindi pa ito naita-transmit sa Senado, pero ito ay mayroon nang judicial notice. FYI na sa Senado,” Chua said.


MARCOS NEUTRALITY

Chua and Defensor backed President Ferdinand Marcos Jr.’s statement maintaining his hands-off policy in the impeachment trial against Vice President Duterte, saying that the issue is “between the Congress and the Senate.”

“Ang impeachment po ay constitutional duty ng Senado at ng Kamara. Hindi po dito saklaw ang Ehekutibo. So tama po ang ating Presidente. Ito po ay constitutional duty ng dalawang Congress—‘yung House at upper chamber which is the Senate,” Chua said.

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“Siguro sa akin pong pananaw, mas maganda na hayaan na lang po natin ‘yung Palasyo na gampanan nila ang kanilang tungkulin bilang Punong Ehekutibo dahil marami rin pong dapat na tutukan ang ating Pangulo,” he added.

“Tama rin na hindi siya ma-involve pa. Para hindi malagyan ng kulay ang isang impeachment process na ang chief executive or the president himself is involved. So mas maganda rin,” Defensor also said.

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