House Prosecutor and Manila 3rd District Rep. Joel Chua sees “no grave abuse of discretion” in the Senate Impeachment Court’s decision on the conviction threshold in the impeachment trial of Vice President Sara Duterte.
House Prosecution Counsel Atty. Benjamin Tolosa Jr. also believes the ruling “stands on solid legal grounds”.
They issued the statement after petitions were filed before the Supreme Court questioning the constitutionality of the Impeachment Court’s decision.
“Sa aking paniniwala, tama po ang naging desisyon dahil ito pong pagdedesisyon na ito ay may kasamang pag-iingat. Wala pong grave abuse of discretion… Sa ganito pong pag-imbita sa mga amicus curiae, nakikita po natin na talagang lahat pinakinggan ng mga senator-judges bago po sila nag-arrive sa kanilang desisyon,” Chua explained.
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Tolosa, for his part, said the decision of the 13 sitting Senator-Judges rests on solid grounds, citing that it is consistent with the opinion of three retired Chief Justices of the Supreme Court, who served as amici curiae.
"It's also in line with the position of one of the framers of the Constitution, and based on reports, sinabi din ni Atty. Christian Monsod, hindi lang siya, sabi niya, 6 out of the 11 remaining framers of the Constitution share that same position that the two-thirds is not the fixed 16. So maliwanag, matibay ang legal na basehan nitong desisyon na ito,” he said.
“We will cite the opinion of the Amici Curiae, previous Chief Justices Puno and Panganiban... Sabi nila, ang Senate ang pawang may kapangyarihan na mag-interpret nitong provision na ito dahil sila’ng binigay ng Constitution ng sole power to hear and try and decide impeachment cases. At sinabi nila, ang determination, itong two-thirds threshold, it is a political question that only the Senate can determine. And that determination is not appealable to the Supreme Court."
"‘Yung fact lang na nag-imbita pa ng mga amici curiae, talagang dumaan ito ng masusing pag-aaral ng members ng Aenate Impeachment Court kaya napakahirap sabihin na there was grave abuse of discretion,” Tolosa added.
Chua said questions before the Supreme Court on the matter are “expected”.
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But Tolosa does not see the petitions delaying the impeachment proceedings, unless the Supreme Court issues a temporary restraining order.
'UNFAIR'
The two prosecutors, meanwhile, said it is “unfair” for Duterte’s spokesperson Atty. Paolo Panelo to claim that “lokohan na 'tong nangyayari”.
Tolosa said the Impeachment Court should also look into Panelo’s statements.
“Clear doon sa ruling na inissue ng Impeachment Court na guidelines dito sa sub judice rule na ito, sabi nga nila, kahit na hindi ka member ng any camp as counsel, as long as you're a lawyer, titingnan pa rin ng Impeachment Court kung may violation ka doon sa rules on CPRA which governs all lawyers," said Tolosa.
"Nakalagay dito sa Code of Professional Responsibility and Accountability, ang mga abogado, hindi sila pwedeng gumawa ng statements about pending cases, that attack the integrity of the court, that impute wrong motives on the part of any judge, that is calculated to sway public perception in order to influence or impede the decision."
The prosecutor also accused the other side of using the issue as a diversionary tactic.
Tolosa said they should focus on the more important aspects of the case which is the unexplained wealth of the Vice President.
“‘Yun ‘yung katanungan, na niloko ba ng bise presidente ang tiwala ng bayan sa pamamagitan nitong mga confidential funds na pinag-usapan natin, sa pamamagitan ng unexplained wealth? ‘Yan ang panloloko na dapat tignan natin dito sa kaso,” he said.
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“Alangan naman mas magaling pa siya sa mga Chief Justice. Problema dito, ‘pag hindi sa kanila sumang-ayon ‘yung desisyon… magsasalita sila ng kung anu-ano. Mayroon po tayong proseso na dapat sundin. Kagaya po nang ginagawa nila, iakyat daw nila, i-elevate po nila. Pero para po magparatang ng kung ano-ano, sa tingin ko naman ay unfair ‘yun,” Chua said.
WITNESSES
The prosecution has requested the Impeachment Court to issue a subpoena for former Senator Antonio Trillanes IV to testify next week in Duterte’s impeachment trial.
A copy of the prosecution’s manifestation states he will testify on matters relevant to the impeachment article accusing Duterte of alleged unexplained wealth.
“Mr. Trillanes is respectfully requested to appear and testify on matters relevant to Article II of the Impeachment, including matters concerning the respondent Vice President Sara Z. Duterte’s unexplained wealth and alleged receipt or acquisition of funds from persons or sources identified in the evidence presented before the Impeachment Court,” it stated.
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The prosecution also requested supoena for Anti-Money Laundering Council Executive Director Ronel Buenaventura to appear as witness before the Impeachment Court Thursday or Friday next week.
“Atty. Buenaventura is respectfully requested to appear and testify concerning matters within the official records and competence of the Anti-Money Laundering Council relevant to Article II of the Articles of Impeachment, including such official records, information, and findings as may properly be presented before the Impeachment Court,” the manifestation stated.
The prosecution said Davao City Mayor Sebastian Duterte may be presented as witness on Monday or Tuesday.