A group of Mindanao-based lawyers filed a petition before the Supreme Court (SC) on Tuesday, seeking to halt the impeachment proceedings against Vice President Sara Duterte.
The petition challenges the constitutional validity of the impeachment complaint, arguing that it was procedurally flawed and violated due process.
The petition for certiorari and prohibition was filed by 29 petitioners, including Atty. Israelito Torreon, Atty. Martin Delgra, Atty. James Reserva, and Atty. Hillary Olga.
The group also requested the issuance of a temporary restraining order (TRO) to prevent the impeachment trial from proceeding in the Senate.
Legal Concerns Over Impeachment Complaint’s Validity
According to Torreon, who also serves as legal counsel for detained religious leader and senatorial candidate Apollo Quiboloy, the impeachment complaint failed to comply with constitutional provisions and should be dismissed.
He argued that the House of Representatives did not follow the required process, including the proper verification of the complaint and the required timeline for deliberation.
The impeachment complaint, approved by the House on February 5, accuses the vice president of misuse of confidential funds and includes allegations of a plot to assassinate President Ferdinand Marcos Jr.
A total of 240 lawmakers signed the complaint, including Speaker Martin Romualdez and Ilocos Norte Representative Sandro Marcos.
Torreon pointed out that the complaint did not consider three previously filed impeachment complaints, which, he argued, further complicates the legal basis for the proceedings.
He also raised concerns over the verification process, claiming that some lawmakers may not have had sufficient time to review the allegations and evidence before signing the complaint.
“This impeachment complaint is constitutionally deficient and should not be entertained by the Senate,” Torreon stated.
He emphasized that the House of Representatives did not strictly adhere to the constitutional process, including the requirement that impeachment complaints be included in the order of business within 10 session days and referred to the Committee on Justice within three days.
Supreme Court Weighs Legal Challenges to VP Duterte’s Impeachment
The Supreme Court has yet to act on the petition. This is the second legal challenge against the impeachment proceedings.
On February 15, former Presidential Commission on Good Government (PCGG) special counsel Catalino Generillo Jr. also filed a petition, asking the SC to direct the Senate to immediately convene as an impeachment court and begin the trial.
According to SC spokesperson Camille Sue Mae Ting, Generillo’s petition was raffled to a justice on February 17 and may be included in the agenda of the next Supreme Court session.
The same process is expected for the newly filed petition by the Mindanao lawyers, which will undergo assignment to a specific justice for study and recommendation.
Senate President Francis Escudero earlier stated that while the Constitution mandates the Senate to act on impeachment complaints “forthwith”, the trial may not begin until after President Marcos’ State of the Nation Address (SONA) in July.
He cited practical considerations, including the upcoming May elections, where seven senators are running for reelection.
