Court junks VP husband’s plea to stop impeachment

MANILA, Philippines — A Quezon City Regional Trial Court (RTC) has junked the petition filed by Manases Carpio seeking to stop the ongoing impeachment proceedings against his wife Vice President Sara Duterte, saying that the judiciary cannot interfere with the exercise by the House of Representatives of its constitutional impeachment powers.

The Quezon City RTC Branch 81 also denied Carpio’s plea for a writ of preliminary injunction against Speaker Faustino Dy III, House committee on justice chair Batangas Rep. Gerville Luistro and Bureau of Internal Revenue Commissioner Charlito Martin Mendoza.

In a five-page order dated May 6 and penned by Presiding Judge Madonna Echiverri, the RTC dismissed for lack of jurisdiction Carpio’s petition for prohibition with prayer for the issuance of a writ of preliminary injunction.

“The petition for prohibition is DISMISSED for lack of jurisdiction. The prayer for issuance of a writ of preliminary injunction is DENIED,” said the court ruling received by the House of Representatives.

The petition sought to block the House justice panel from enforcing subpoenas and proceeding with actions tied to the impeachment complaints against Duterte, particularly after the committee sought tax records and other documents allegedly linked to the Vice President and her husband.

The RTC ruled that the House justice panel was lawfully exercising powers granted under the Constitution and could not be restrained through prohibition or injunction.

“Respondents do not usurp but are in fact, as members of House committee on justice are, by law, constituted to determine the sufficiency of the impeachment complaint against the Vice-President and eventually the determination of probable cause for the filing of the case to the Senate,” the order read.

The RTC court stressed that the House has the “exclusive power to initiate all cases of impeachment,” as it cited Article XI of the 1987 Constitution.

The ruling also upheld the subpoena powers of the committee, saying the issuance of compulsory processes was part of its inherent authority in carrying out impeachment proceedings.

“Thus, the issuance of the subpoena duces tecum ad testificandum is an inherent power of the Committee, which is validly created by law, to carry out this constitutional mandate effectively in the conduct of its hearing,” the RTC said.

The RTC also rejected Carpio’s argument that the House panel had no jurisdiction over him or over documents allegedly connected to him and the Vice President.

“Prohibition issues only against usurpers or those who exercise power which have not been vested by law,” the court said.

The court held that injunctions cannot be used to prevent the House panel from carrying out its constitutional functions.

“To enjoin the public individuals in the performance of their duty in the determination of the sufficiency of the impeachment complaint is to prevent said body to exercise its quasi-judicial or ministerial functions,” the order added.

The court likewise rejected Carpio’s motion asking the RTC to take judicial notice of news reports and YouTube videos related to the House hearings.

“Newspaper articles amount to ‘hearsay evidence, twice removed’ and are therefore not only inadmissible but without any probative value at all whether objected to or not,” the ruling said.

The RTC said the petition should have been filed before the Supreme Court because the respondents were acting as part of a co-equal branch of government.

“In the case at bench, the respondents are acting in the official capacity as part of the HCOJ, a co-equal branch of the government hence, the case at bench should have been filed with the Supreme Court,” the order stated.