MANILA — The Supreme Court has the power to compel the Senate to convene as an impeachment court and “forthwith” begin the trial of Vice President Sara Duterte, in compliance with the Constitution’s mandate, according to a member of the House prosecution panel.

1-RIDER Party List Representative Rodge Gutierrez issued the statement after a petition seeking for the issuance of a writ of mandamus was filed before the High Court last Friday. 

He also expressed optimism that the Supreme Court will grant the petition.

“I am of the opinion na talagang may kapangyarihan po ‘yung Supreme Court to rule on this. I think it's the proper venue and that the remedy for the writ of mandamus po for example, I think these are things that the Supreme Court will be fully empowered to do po talaga,” Gutierrez said.

“Sa tingin ko po, may merit naman po ‘yung kaso, may opinion naman po na dapat ito ay mandato ng Senate to tackle the impeachment forthwith… I'm optimistic of the chances,” he added.

House Assistant Majority Leader and Lanao del Sur 1st District Representative Zia Alonto Adiong, *and House Deputy Minority Leader and ACT Teachers Party List Representative France Castro shared Gutierrez’s view.

“We expect the court to resolve the petition in favor of the immediate convening of the impeachment court,” Castro said in a statement.

“Impeachment trial is so important, it has to proceed without any delay,” Adiong said.

Last week, Senator JV Ejercito said there was no clamor from his colleagues for the Senate to hold a special session to tackle the impeachment complaint, adding that several incumbent senators are campaigning for the May polls. The impeachment trial will possibly begin after the President’s State of the Nation Address in July, according to Senate President Francis Escudero.

For Gutierrez, the upcoming elections is not sufficient reason to delay the impeachment trial against Duterte.

“Ang mandato natin dito is not to run for a second campaign, but to faithfully fulfill the duties that we have sworn to uphold and do within this term… Mandato po natin ito. This is not legislative, it is constituent power,” he said.

The House panel prosecution is preparing for all scenarios, including alterations to the trial timeline.

“We are preparing for any scenario, which includes any alterations to the timeline. As a matter of fact, when we were first elected to the position of prosecution, we were already preparing for a March trial po. So we were gearing up for that… Whether or not this would expedite the case or if by some reason it might even cause a delay, then we will still be prepared po,” Gutierrez said.

Asked about which impeachment article he wants to be assigned to him, Gutierrez said he is more familiar with the second article on alleged misuse of confidential funds.

“There were informal talks already and in fact there were already talks about the strong suits of strong prosecutors... which articles are their most familiar with…I’m more familiar with Article 2, ‘yung confidential funds, I personally want answers… It would be my honor to take on that article, to ask the questions that were left unanswered during the committee hearings. Pero aside from that, any other article, we’re willing to do our duty,” he said.

Once the trial begins, Gutierrez hopes the Vice President will face the court and directly respond to the allegations against her, citing a recent survey.

“An impeachment court is the proper venue. 73% of Filipino agree that this is the venue. Dapat na po siyang tumayo dito and to answer these allegations and to finally put to rest all of these allegations… at least to clear the air already… Wala namang may gusto na may tanong na hindi naisasagot. I think it's very clear to the Filipino people and we want answers,” he said.

Gutierrez noted that should the VP opt to resign, the impeachment court should still rule on the other prayer in the complaint, which is to ban Duterte from holding public office.

“I don't think you should take away the power from the Senate impeachment court to impose that second penalty just by simple resignation,” he said.

Duterte previously denied misuse of public funds in her office, and issuing an assassination threat against the President, which are among the articles of impeachment.