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NewsTranscript
00:00Some legal experts have different opinions on when the impeachment trial of Vice President Sara Duterte can start.
00:06Tina Panganiban-Perez has the first news.
00:12The Congress has recessed or there is no session.
00:15But a senator believes that the impeachment court can convene
00:19or the people who will defend Vice President Sara Duterte.
00:23This is a part of the legislative work of the senators.
00:27To discuss the impeachment trial, Senator Coco Pimentel will ask
00:32Senate President Chis Escudero to hold a COCUS or a private meeting with the senators.
00:38The session will be COCUS first.
00:41COCUS first, then they will listen to me.
00:43If they really don't want to, we will admit it to the people.
00:47It is a legitimate political issue for the people.
00:50We admitted that the special session should have been approved by the majority of the quorum.
00:58Pimentel said that the impeachment trial should be held next month.
01:04But he admitted that the quorum is in a hurry.
01:06The majority of the senators and the re-electionists need to be convinced that they need to campaign.
01:14The campaign is on one side, the priority is the impeachment.
01:17Isn't that a very big ask of your colleagues?
01:20That's part of the job description.
01:22According to the Constitution, trial by Senate shall forthwith proceed.
01:27What is the meaning of the word forthwith?
01:30Should the Senate immediately start the litigation if they were to file an impeachment complaint?
01:36One of the framers said, or the Constitution has a right.
01:41As constitutionally interpreted, it means right away.
01:47It means immediately.
01:49There is no delay, there is no delay.
01:54Do it immediately.
01:56If the Senate starts the litigation, what will happen when the election is over and the composition of the Senate is different?
02:04If the impeachment is re-inserted, the work of the current impeachment court will be separated from the Senate.
02:11Outside of the legislation, it has a continuing function.
02:17It could be convening as a canvassing board, it could even be serving as an impeachment court.
02:26But Retired Associate Justice Conchita Carpio Morales said the Senate cannot have a special session.
02:33Impeachment is not included among the reasons why.
02:40A special session can be conducted, my conclusion is that impeachment trial cannot be conducted during recess.
02:51The impeachment trial is not yet starting.
02:54The Vice President petitioned the Supreme Court to stop it.
02:59Based on his defense team, there is a provision in the Constitution that only one impeachment proceeding can start against an official within a year.
03:09There are already three complaints against the Vice President, according to his lawyers.
03:15The actions taken by the House of Representatives in respect of the three prior impeachment complaints before it decided to finally transmit
03:27what it purports to be a verified resolution is something that is not permitted by the Constitution,
03:38particularly that one-year bar rule.
03:42But some impeachment prosecutors said that the start of the one-year ban will not stop the complaint.
03:51The one-year ban will start once the impeachment complaint is initiated.
03:56It depends on the Supreme Court's decision in the Francisco v. House of Representatives case.
04:04Initiated under this Francisco case means the filing of the complaint endorsed by a congressman
04:11and referred to the Committee on Justice for proper disposition.
04:16So it is not the mere filing of a complaint that will trigger the one-year period.
04:25So for us, there was no grave abuse of discretion, there was no lack of due process.
04:31The Vice President's camp also questioned if the Secretary General could sit down on the first three impeachment complaints.
04:38There were official reports and interviews and public pronouncements that were made by the Secretary General
04:46that supposedly these three complaints were already verified and ready for transmittal to the Speaker, but never did.
04:56And then suddenly, you see a fourth impeachment complaint that was suddenly referred to the Senate on the last day of the session.
05:06The question that we're asking respectfully, the Supreme Court to decide is whether this is permitted.
05:13The Secretary General of the House of Representatives confirmed that according to the Constitution,
05:18the fourth impeachment complaint should be transmitted to the Senate.
05:22He was followed by the impeachment prosecutors.
05:25This is not the first time that this happened. This happened during the time of President Erap.
05:32Even if the court is not in favor, the vice president is ready to face the impeachment trial.
05:37The statement of the vice president that she's willing to face whatever charges against her, I think that didn't change anything.
05:48It doesn't mean that she filed a petition and she doesn't want to face it.
05:53Here is the first news. Tina Panganiban Perez for GMA Integrated News.