Mindanao lawyers, others ask SC to stop Sara Duterte impeachment

Lawyers from Mindanao and others on Tuesday asked the Supreme Court (SC) to direct the Senate to cease and desist from conducting the impeachment trial of Vice President Sara Duterte, arguing that it is based on a defective complaint.

In a 114-page petition, they also asked the SC to declare the Articles of Impeachment as null and void.

“We feel that the impeachment complaint is constitutionally deficient,” Atty. Israelito Torreon, one of the petitioners and also the legal counsel of Kingdom of Jesus Christ founder Apollo Quiboloy, said in an ambush interview.

“It is a violation of pertinent constitutional provisions and it is likewise jurisdictionally void and the same should be dismissed and not entertained by the Senate of the Republic of the Philippines,” he added.

Aside from Torreon, the other petitioners are Atty. Martin Delgra III, former Land Transportation Franchising and Regulatory Board chief; Atty. James Reserva; Atty. Hillary Olga Reserva, lawyer of Socorro Bayanihan Services Inc. leader Jey Rence Quilario.

Torreon said the impeachment trial is defective as it did not consider the first three impeachment complaints filed against Duterte.

Three impeachment complaints were filed against Duterte in December 2024, all of which were connected with the alleged misuse of confidential funds.

It was the fourth impeachment complaint that was endorsed by more than 200 lawmakers on February 5. This was transmitted to the Senate on the same day.

“The Constitution, specifically Article 11, Section 3 thereof mandates that upon receipt of the impeachment complaint, the same should be included in the House— in the order of business within 10 session days,” Torreon said.

“And thereafter, the Speaker should have referred it to the Committee on Justice within three days and these are mandatory provisions which were not followed by the House of Representatives,” he added.

Aside from this, Torreon said Duterte was not given due process.

“It did not also follow the constitutionally prescribed verification process and because of these three and other grounds, the impeachment complaint should be dismissed and not entertained,” he said.

Meanwhile, Torreon said that Duterte was not involved in the filing nor is she sponsoring them.

“VP Sara has nothing to do with this and this is our move because we feel that the impeachment complaint is defective,” he said.

‘Not flawed’

But Impeachment Prosecutor Rep Ramon Rodrigo Gutierrez maintained that the impeachment complaint transmitted by the House of Representatives to the Senate is not flawed.

“We welcome anyone who would want to seek a redress before the courts. We respect the right to file cases before the Supreme Court. In this case, even when it comes to impeachment. Pero siyempre, bilang miyembro ng prosecution team, naniniwala po kami na kompleto po yung aming [Of course, being a member of the prosecution team, we believe the] Articles of Impeachment [is complete], including the process in which it was transmitted to the Senate,” Gutierrez told reporters in an ambush interview Tuesday.

“As far as we're concerned, I don't know ano po yung basis ng flaw na sinasabi po nila [their basis in saying that the complaint is flawed] but as far as we're concerned, it is well within the bounds of the law,” he added.

Gutierrez also explained that impeachment does not disenfranchise the millions who voted for the Vice President.

“Unang-una sa lahat, kasama po ito talaga sa ating Saligang Batas as a check and balance. Hindi porket binoto po tayo ng taumbayan sa isa at one point in time ay perpekto na po tayo all throughout, nandoon po yung supporta ng taumbayan. Kaya nga po may impeachment, kapag nakikitang may mga paglalabag or any allegations of such, pwede pong idaan po sa court. In this case, impeachment court po,” Gutierrez said.

[First of all, check and balance is included in the Constitution. It does not mean that if we are elected by the people, we will be perfect all throughout. That's why there is an impeachment. If there would be allegations of violations, we can course it through the court, in this case, through an impeachment court.]

He also welcomed the letter sent by Senate Minority Leader  Aquino “Koko” Pimentel III to Senate President Chiz Escudero urging the latter to immediately act on the impeachment complaint.

“I guess we welcome that. I think we've been consistent na sa aming palagay po, ang ibig sabihin ng “forthwith” ay kaagad. And we've had legal luminaries already state their opinions on that,” Gutierrez stated.

For his part, impeachment Prosecutor Representative Lorenz Defensor said: “The impeachment is a political question and the Supreme Court will exercise judicial restraint. It will not interfere with the impeachment process.”

‘Convene immediately’

Last week, lawyer Catalino Generillo Jr. asked the Supreme Court (SC) to compel the Senate to “immediately” convene as an impeachment court, arguing that the Constitution does not permit the Senate to delay its duty during recess.

Senate  President Chiz Escudero previously said the Senate could only convene as an impeachment court when Congress is in session, meaning the trial would begin when the 20th Congress opens in July.

Duterte earlier said that she is not contemplating on resigning from her position yet after the House of Representatives impeached her.

While the impeachment court has yet to be convened, Duterte said at this early stage that she will not appear since, she said, it is allowed. — with Tina Panganiban-Perez/AOL/RSJ, GMA Integrated News