Impeachment trial can only extend if started in 19th Congress — retired justice | ABS-CBN

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Impeachment trial can only extend if started in 19th Congress — retired justice

Impeachment trial can only extend if started in 19th Congress — retired justice

Paige Javier,

ABS-CBN News

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MANILA — The impeachment process for Vice President Sara Duterte must start during the 19th Congress or it could raise issues of jurisdiction if it extends into the 20th Congress, retired Supreme Court Associate Justice Adolfo Azcuna said Wednesday.

Senate President Francis Escudero earlier said the impeachment trial may possibly begin after the third State of the Nation Address (SONA) of President Ferdinand Marcos Jr. in July.

"Hindi kailangan tapusin ang paglilitis under the 19th Congress. Pero dapat umpisahan dahil kapag hindi inumpisahan, baka yung jurisdiction ng tribunal hindi ma-attach and it will be too late to attach it to 20th Congress," Azcuna said at the Kapihan sa Manila Bay forum.

(The trial does not have to end under the 19th Congress, but it has to start. If it doesn't start, the jurisdiction of the tribunal might not be attached and it will be too late to attach it in the 20th Congress)

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Senate Majority Leader Francis Tolentino said that can be clarified by the Supreme Court but not yet.

"Ano palang seven days [since na-file] so hindi pa masyadong ripe for adjudication to clarify the word 'forthwith'. Siguro pag tumagal na ng isang buwan...'ano ba yung fortwith?'," he shared.

(It has only been seven days, so it's not yet ripe for adjudication to clarify the word 'forthwith'. Maybe in a month)

Azcuna said the trial proper can wait "but taking the oath is the important part", adding the impeachment court has to be convened.

"Once they convene, they will acquire jurisdiction over the impeachment complaint." 

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Tolentino agreed that the convening would signal the start of the trial.

"That is the time, you're correct, that we can now start the process," he said.

Escudero has maintained the Senate already has jurisdiction over the case and the "subject matter of impeachment."

He added: "Wala pa kaming jurisdiction sa katawan ng nasasakdal, si VP Sara, hanggang hindi siya na-aarraign."

(We do not have jurisdiction over the person of the respondent, VP Sara, until she is arraigned)

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