- Lawyers, lawmakers petition SC to intervene in moves to impeach VP Sara
DAVAO lawyers and city councilors filed a petition before the Supreme Court on Tuesday to decide on the legality of the impeachment proceedings against Vice President Sara Duterte.
The petitioners were led by Atty. Israelito Torreon and former Land Transportation Franchising and Regulatory Board chief Martin Delgra, who filed for certiorari and prohibition under rule 65 of the Rules of the Court.
Torreon and Delgra are legal counsels of Pastor Apollo Quiboloy and former President Rodrigo Duterte, respectively.
Certiorari is a legal remedy to seek judicial review of a decision of a lower court or another body, in this case, the House of Representatives.
The petitioners asked the High Court to issue a temporary restraining order and/or writ of preliminary injunction to direct the Senate of the Philippines to cease and desist from conducting impeachment proceedings.
The petitioners believe the impeachment against the VP is “defective” and issued with grave abuse of discretion.
The petition also asked the high court to declare the Articles of Impeachment as “null and void” after failing to meet constitutional requirements on verification and proper initiation and proceedings.
It also argued that the proceedings failed to accord due process to the VP, prior to the filing with the Senate of the “defective” Articles. They cited the malicious non-action of three prior impeachment complaints in accordance with Francisco’s ruling.
If the ruling is applied, the petitioners believe this would have prevented the fourth impeachment complaint against the VP.
When the House entertained the fourth complaint, the ban against a second impeachment complaint within a year already applied.
The petition also prayed to the SC to grant a writ of prohibition and permanently enjoin the Senate from proceeding with an invalid impeachment complaint.
Among the petitioners were Atty. James Reserva, Atty. Hillary Olga Reserva, Davao city vice mayor J. Melchor Quitain Jr. And city councilors Luna Acosta, Bai Hundra Cassandra Advincula, Al Ryan Alejandre, Dante Apostol Sr., Conrado Baluran, Jessica Bonguyan, Louie John Bonguyan, Pilar Braga, Jonard Dayap, Edgar Ibuyan Jr., Richlyn Justol-Baguilod, Myrna Dalodo-Ortiz, Diosdado Angelo Mahipus Jr., Bonz Andre Militar, Alberto Ungab, Trisha Ann Villafuerte, Lorenzo Benjamin Villafuerte, Jesus Joseph Zozobrado, Rodolfo Mande, Kristine Mercado. a
Other personalities were Darwin Salcedo, Lord Oliver Raymund Montero Cristobal, and Lord Byron Monfero Cristobal.
Quitain told reporters in an interview on Tuesday, that the petition is some sort of “check and balance” of the constitutionality and validity of the proceedings.
“There are some internal rules that were not followed after a closer scrutiny, much better to bring that to the Court and let the Court decide,” Quitain stressed.
Mahipus Jr. also said they are signing as taxpayers, and as lawyers, they are bound to ensure justice at all times.
“If there would be a violation of the rights of the Vice Presidents, it holds upon those who have the understanding to file a clarification, so that we can be sure whatever the Congress is doing is in power and in the bounds of the law,” he stressed.
To note, the House impeached the VP on February 5, which was signed by a total of 240 lawmakers including Speaker Martin Romualdez and presidential son, Ilocos Norte 1st District Sandro Marcos.
Senate President Francis Escudero announced on Feb. 10 that the impeachment complaint against Duterte, including its annexes, was already uploaded to the Senate website for public access.
Escudero said the office will send the Senate members a draft of the proposed impeachment rules for them to have ample time to study before June 2, when Congress resumes after the midterm elections.
