SC orders House, Senate to submit information on Duterte impeachment

The Supreme Court building in Padre Faura, Manila on Aug. 24, 2022. George Calvelo, ABS-CBN News/File

MANILA — The Supreme Court has ordered both chambers of Congress to submit documents and information on the impeachment proceedings against Vice President Sara Duterte, including whether House members “had time to peruse the charges and the evidence” before signing the Articles of Impeachment transmitted to the Senate.

The Supreme Court issued the order in relation to separate petitions by Vice President Duterte and by Kingdom of Jesus Christ lawyer Israelito Torreon questioning the legality of the impeachment proceedings.

WHAT THE SUPREME COURT IS ASKING FOR

The High Court sought information on: 

• Who prepared the draft Articles

• Whether the draft and evidence were circulated to all House members

• When the Aritcles were included in the Order of Business for plenary consideration

•  Whether Duterte was given the opportunity to be heard on the evidence shared with House members

• When the first three impeachment complaints were filed and their status

• How many days had lapsed from their endorsement for transmittal to the Office of House Speaker and eventual inclusion in the Order of Business.

• Whether the House Secretary General has discretion on when to transmit complaints to the Office of the House Speaker, and whether he can refuse to do so

HOUSE TO COMPLY

The House of Representatives confirmed receiving the Supreme Court’s notice on Thursday.

“We will comply with the order of the SC,” House impeachment prosecutor and Manila 3rd District Rep. Joel Chua said.

House Secretary General Reginald Velasco asserted the impeachment proceedings complied with the rules, adding the Constitution does not specify how soon complaints should be transmitted to the Office of the House Speaker.

“'Immediate', pero wala namang time ‘yun. Parang ‘yung sa 'forthwith' ‘yan ‘di ba? …Trial shall proceed forthwith, wala rin timeline. So it’s up to the interpretation of the official concerned,” Velasco said.

('Immediate' doesn't specify a time. That's like 'forthwith', right? 'Trial shall proceed forthwith but there is no timeline, so it is up the interpretation of the official concerned)

Manila 6th District Rep. Bienvenido Abante Jr., among the signatories of the impeachment complaint, said House members were aware of the issues raised in the Articles of Impeachment before they signed. 

He stressed committee hearings at the House tackled these issues extensively.

Velasco added House members had a meeting and were given a chance to read the complaint before signing and that lawmakers "were really aware of the issues and complaint about the Vice President."

The Senate Impeachment Court meanwhile likened the Supreme Court's order to its own move in June to remand the Articles of Impeachment to the House amid questions on constitutionality.

The Senate's move was criticized by supporters of the impeachment case who feared attempts to delay the trial or dismiss the case outright.

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"The action of the Supreme Court in referring back to the House of Representatives mirrors the Senate Impeachment Court’s action to carefully follow procedures and establish all facts relating to the initiation of the impeachment Articles," said Atty. Regie Tongol, Senate Impeachment Court spokesperson, in a statement.

He said the Senate, as a party to the cases, prepare its response. He also noted that much of the requested information relates to House procedures.

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"The Senate remains dedicated to respecting the judicial process and the sub judice rule on this matter that is why it will prudently refrain from giving any further comments in public — as should all parties."