‘Senators liable for delay, dismissal of impeachment without trial’

MANILA, Philippines — Senators can be held criminally liable for delaying or dismissing without trial the impeachment complaint of Vice President Sara Duterte, Sen. Vicente Sotto III yesterday warned his colleagues.

On his Viber with reporters, Sotto shared the July 16 Philippine STAR column of Jarius Bondoc, titled, “You can criminally charge senators who delay, dismiss impeachment.”

“Senators can be held liable under three laws for delaying or dismissing impeachment trial,” Sotto said, with a link to the column.

Sotto said when the Senate impeachment court reconvenes either on July 29 or after, he would rather that the senator judges debate on the floor instead of meet in a caucus or behind closed doors, so that the public would know the senators’ positions.

“Maybe it’s better if senators don’t share their thoughts privately. Better in public so the agendas of each other will be out in the open,” Sotto said.

In the column, Bondoc claimed that “Any citizen can indict senators for delaying VP Sara Duterte’s impeachment trial. More so, if they dismiss the seven Articles of Impeachment without hearing evidence.”

Bondoc cited the following laws as possible violations:

• Revised Penal Code, Article 208, Prosecution of offenses, negligence and tolerance, which punishes “any public officer, or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for  the punishment of violators of the law, or shall tolerate the commission of offenses.”

• Anti-Graft and Corrupt Practices Act, Section 3, Corrupt practices of public officers, which punishes “causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference… through manifest partiality, evident bad faith or gross inexcusable negligence,” as well as “neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.”

Bondoc accused Senate President Francis Escudero of deliberately delaying the trial when the court ordered the return of the impeachment complaint for the House of Representatives to comply with constitutional requirements.

Bondoc said senators can be sued before the ombudsman, which will then file charges before the anti-graft court Sandiganbayan if it finds merit in the citizens complaint over the much delayed impeachment trial.

Escudero denied delaying the trial, saying the court’s requirements of the House prosecution team are needed to ensure constitutional compliance with the one-year bar rule against initiating impeachment, so that it will no longer be raised during trial.

10-session day rule not violated

The House of Representatives did not violate the Constitution as the impeachment case against Vice President Duterte was filed within the 10-session day rule amid the petition filed before the Supreme Court, according to retired SC Senior Associate Justice Antonio Carpio.

“The Constitution says 10 session days, the House can act on it (impeachment case) until the 10th day and if they act on the 10th day, they are not in violation. In the Chavez case, the Supreme Court said, the House is not required to immediately send to the Committee on Justice the first impeachment. The House can wait until all the other complaints are submitted, and they can send it jointly together to the Committee on Justice, so there is no violation,” Carpio said.

The high tribunal has taken due course on the petitions seeking to dismiss the impeachment case against Duterte and ordered the Senate and the House of Representatives to submit details pertaining to the initiation of the case and the impending trial.

Meanwhile, the House of Representatives prosecution panel is ready to proceed with the impeachment trial of Vice President Duterte as soon as the Senate impeachment court reconvenes on Aug. 4, reelected La Union Rep. Paolo Ortega V said yesterday. –  Bella Cariaso, Jose Rodel Clapano