The camp of Vice President Sara Duterte has raised concerns over the jurisdiction of the House Committee on Justice to conduct an 'impeachment trial' against her.
In a press conference on Wednesday, Duterte’s legal counsel, Atty. Sheila Sison, read portions of a letter addressed to the committee explaining why the Vice President and her defense team did not attend the hearing.
“We will just read the pertinent portions so that the public is also informed of the reasons stated in this letter on why the respondent and the defense team did not participate in the hearing today,” Sison said.
“So under these circumstances and considering the public statements made by the chairperson, it appears that the committee intends to conduct a trial,” he added.
Sison then cited Section 3, Paragraph 6, Article 11 of the 1987 Constitution, which explicitly states that only the Senate may try and decide all cases of impeachment.
“However, with due respect, the Constitution vests the authority and power to conduct a trial solely in the Senate,” the lawyer reads.
Sison further clarified that while the committee is allowed to hold hearings to submit reports to the House within 60 session days, it does not have the authority to conduct any form of trial, receive, or evaluate evidence. She referenced the Supreme Court ruling in Francisco v. House of Representatives, which emphasized that all rules must comply with the Constitution and not contradict it.
“In light of these, while the invitation for the respondent and counsel to participate in the committee's mini-trial is noted, we cannot do so because the committee and the House of Representatives lack jurisdiction to conduct any form of trial,” Sison said. Absent such jurisdiction, any attempt to proceed in the nature of a trial is unconstitutional.”
The Vice President’s camp formally recorded its objection to any attempts by the committee to gather evidence or conduct proceedings presupposing lawful authority, asserting that Duterte reserves her right to challenge the process legally.
Nonetheless, Sison reiterated that the Vice President is prepared to face charges before the proper jurisdiction.
Meanwhile, several motions were filed seeking the issuance of subpoenas against various individuals and offices in connection with the ongoing impeachment proceedings involving the Vice President.
Despite her absence, the House Committee on Justice formally opened its first impeachment hearing on Wednesday, March 25.
The committee proceeded with the formal hearing, during which documentary evidence and witness testimonies may be presented as part of the evaluation of the impeachment complaints.
