Vice-President Duterte asks tribunal to stop her trial, void impeachment

PHILIPPINE Vice-President Sara Duterte-Carpio has asked the Supreme Court to stop the Senate from trying her after her impeachment by the House of Representatives, making her first legal move to fight the case that could lead to her removal and a lifetime ban from public office.

In a 36-page petition, the daughter of the country’s firebrand former leader also asked the tribunal to nullify her impeachment, accusing congressmen of gravely abusing their discretion by “circumventing and violating” a constitutional safeguard against more than one impeachment proceeding against the same official in a year.

“Unless restrained, the continuation of these proceedings will continue to harm the petitioner and subject her to public scrutiny, despite it being known that the impeachment proceedings against her are purely motivated by politics and personal interests,” Ms. Duterte said.

Named respondents were the House, represented by Speaker Martin G. Romualdez, and the Senate, represented by its chief Senator Francis G. Escudero.

The House impeached Ms. Duterte, who is seen as a strong candidate for the 2028 presidential election, on Feb. 5 for alleged misuse of her budget, unexplained wealth and threatening the lives of Philippine President Ferdinand R. Marcos Jr, the first lady and the Speaker.

More than 200 congressmen filed and signed a fourth impeachment complaint against Ms. Duterte, more than the one-third vote required by the Constitution for her to be impeached.

The House delivered a quick and stunning blow against the estranged vice-president, allowing it to send the ouster charges immediately to the Senate without further hearings, on the last session before a four-month break for midterm elections in May.

The ouster charges consisted of seven articles of impeachment, including allegations of plotting the assassination of the President, misusing secret funds, amassing unexplained wealth and committing acts of destabilization.

She has denied wrongdoing, saying the charges were politically motivated, amid a rift with Mr. Marcos.

The 24 senators will serve as jurors in the impeachment trial that could lead to Ms. Duterte’s removal from office and a lifetime ban from public posts, which would kill off any hope of becoming President.

Administration congressmen in a statement on Wednesday said Ms. Duterte’s “desperate” move was aimed at evading accountability.

Ms. Duterte in her lawsuit said congressmen violated the law by sitting on the first three complaints filed by certain groups in December, practically dismissing these. They are thus barred by law from starting another impeachment complaint within a year.

Ms. Duterte’s supporters earlier filed a separate lawsuit seeking the same reliefs from the High Court. They accused the House of violating her right to due process during the impeachment proceedings.

A separate lawsuit has also been filed asking the court to compel the Senate to start Ms. Duterte’s trial. The tribunal has given the chamber 10 days to comment on the petition.

Her impeachment is a major setback for the influential Duterte family, whose popularity grew rapidly after Rodrigo R. Duterte was swept to power in 2016 as a maverick, crime-busting mayor. As President, he upended Philippine foreign policy and launched a drug war that killed thousands.

The Senate president has said they could not start the impeachment trial until July since the law bars them from doing so while on recess.

Ms. Duterte is one of few Philippine officials who were impeached, among them ex-President Joseph E. Estrada in 2000, Ombudsman Merceditas Gutierrez in March 2011, Chief Justice Renato Corona in December 2011 and election chief Juan Andres D. Bautista in October 2017.

Mr. Corona was convicted by the Senate, while Ms. Gutierrez resigned before she could be tried. Mr. Estrada’s trial was aborted after some House prosecutors walked out after senators voted against opening a document containing evidence. He was later ousted by a street uprising.

Lawmakers will reconvene for a two-week session from June 2 to June 13, according to the congressional calendar.

All House seats and 12 of the 24-member Senate will be replaced in July, two months after Filipinos vote on May 12.

Meanwhile, Mr. Escudero said the Office of the Solicitor General would represent the Senate in the lawsuits involving Ms. Duterte’s impeachment.

“We will refer that matter to the Solicitor General’s office, as a lawyer that will stand on behalf of the government,” he told a news briefing.

He said the congressional break could give the High Court enough time to resolve any issues about the Vice-President’s impeachment trial.

“Perhaps it is providential that we did not proceed with the trial because of the recess, so that all these matters can be referred to the Supreme Court…so that nothing will stop or delay the Senate’s trial by technicalities or issues,” he added. — Norman P. Aquino, Chloe Mari A. Hufana and Adrian H. Halili