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De Lima: Senate can still hold impeachment trial, if SC reverses order

De Lima: Senate can still hold impeachment trial, if SC reverses order

Provided by INQUIRER.net.

De Lima: Impeachment trial can still push through
Mamamayang Liberal party-list RepLeila de Lima. (INQUIRER FILE PHOTO / NINO JESUS ORBETA)



MANILA, Philippines — The Senate can still conduct the impeachment trial ofVice President Sara Duterte if the Supreme Court (SC) reverses its initial order, former senator and now Mamamayang Liberal party-list Rep. Leila de Lima said.

De Lima, in an ambush interview after filing a bill on Monday said that while the decision of the SC on the impeachment is unanimous, there is still a chance that the High Tribunal reverses its order after the House of Representatives files its motion for reconsideration.

If the House’s motion is granted, de Lima said the Senate cannot do anything but to comply with the order also.

"That can be changed, if you know, the motion for reconsideration is granted by the Supreme Court, then the Senate cannot also do anything. Let’s say the Supreme Court now says the fourth impeachment complaint is not unconstitutional. We were wrong in the facts," de Lima told reporters at the Batasang Pambansa complex.

“What if the Supreme Court reconsiders itself and says that the fourth impeachment complaint is a constitutional (step), there was nothing wrong in the process, and therefore it will order the Senate to resume its impeachment proceedings? They won’t have a choice also but to follow the Supreme Court," she added.

According to de Lima, there have been instances where the SC reversed its own order even if the decision was made unanimously.

"That’s why the appeal of the House with the spokesperson, is to wait for the decision on the motion for reconsideration […] there have been instances already., I cannot just cite particular cases, even if it’s unanimous."

"We’re hoping, but it’s not yet, it’s not yet dead in the water."

The Senate is expected to convene as an impeachment court on Wednesday, to tackle the SC decision.

SC spokesperson Camille Ting last July 25 announced that the articles of impeachment forwarded by the House to the
Senate was deemed unconstitutional, for violating the 1987 Constitution’s one-year bar rule.

READ: Supreme Court: Impeachment complaint vs Sara Duterte unconstitutional 

But as early as last Friday, Senate President Pro Tempore Jinggoy Estrada said that 19 to 20 senators believe they should abide by the SC ruling prohibiting the Senate from proceeding with the impeachment trial.

According to Estrada, this was based on an all-senator caucus held last Tuesday, during which the senators discussed the SC’s unanimous decision.

READ: 19 to 20 senators to abide by SC ruling on Sara Duterte impeachment 

The House, through spokesperson Princess Abante, meanwhile asked the Senate to defer any decision on the impeachment trial until its appeal has been resolved. /gsg

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