MANILA, Philippines — It would be up to the Senate impeachment court to decide whether to continue with the trial of Vice President Sara Duterte, in case she opts to resign to avoid the penalty of perpetual disqualification from public office in case of conviction, a former law dean said.
In an interview with The STAR’s online show “Truth on the Line” on Tuesday, former law dean Ralph Sarmiento said that while the Constitution stipulates that a conviction would automatically entail removal from office, it’s not clear on the other penalty of perpetual disqualification.
Article XI of the 1987 Constitution provides for the penalties for conviction by an impeachment court, he said.
“Once there is conviction, based on the number required by the Constitution, automatic po ang removal. But as for the question if disqualification is automatic, it will ultimately depend on the impeachment court because it’s not clear in the Constitution,” he said.
“Resignation will not preclude or bar the impeachment court from deciding to continue with the proceedings for the purpose of deciding the disqualification,” he added.
“It will now be an option on the part of the impeachment court if they would decide to continue the proceedings. Now, if they decide to continue the proceedings, silent din po yung Constitution doon,” he pointed out.
Sarmiento cited as basis the Senate’s “sole power to try and decide” impeachment cases as mandated by the Constitution. “As to whether they will automatically dismiss the case upon the resignation of the Vice President or not, so it will be part of their sole power to try and decide.”
Sarmiento earlier declined to testify as witness for the defense panel in Duterte’s impeachment trial reportedly to preserve his independence.
He would have agreed to take the witness stand “as an independent academic, as a law professor to testify on constitutional issues regarding my interpretation,” he maintained.
He also reiterated his stand on certain issues related to the impeachment trial, particularly his position that the two-thirds voting threshold to convict Duterte should be 16 out of the total 24 senators. “I subscribe to the interpretation by former justice Adolfo Azcuna: all means all,” he said.
He also said the defense panel should have been given the chance to refute the allegations by the prosecution particularly in the three withdrawn articles of impeachment against Duterte.
“I was just suggesting, maybe in order to satisfy that requirement of fairness, so allow them a very simple, limited presentation on the matters that they want to rebut. And I think that will solve the allegation of unfairness,” he said.