The House Committee on Justice has taken significant steps in the impeachment process against Vice President Sara Duterte. Initially, the committee unanimously found two of the four impeachment complaints sufficient in form. Two days later, with three dissenting votes, they determined the complaints were sufficient in substance. Most recently, the committee declared probable cause to put the vice president on trial, again with a unanimous vote.
Next Steps in the House
The committee report must still be debated in plenary. Unlike committee hearings, floor debates are expected to be contentious. However, it is anticipated that at least one-third of the entire House membership will vote to transmit the articles of impeachment to the Senate. This process may not happen quickly, as the Supreme Court has ruled that congressmen must be afforded a reasonable period to study the charges and evidence. The House determines what constitutes a reasonable period, but the Court retains the power to review its sufficiency.
Potential Delays
Any congressman could petition the Supreme Court, arguing the allotted time was inadequate to form an intelligent judgment. Given the efforts by Duterte's camp to derail the impeachment, this course is likely through their congressional allies. If the Supreme Court issues a temporary restraining order (TRO), the House calendar would be set back.
Senate Trial
If the Court dismisses the petition and the articles reach the Senate, the Constitution mandates that trial shall proceed forthwith. The High Court interprets "forthwith" as acting within a reasonable time, essentially as soon as possible. The Senate has 24 members, with 16 votes needed to convict. For Duterte, the magic number to avoid conviction is 9. She is believed to have more than that number of supporters. Her supporters also claim she is innocent.
Why Not Proceed?
The question arises: why doesn't Duterte drop all objections and proceed to trial? The people deserve to hear the evidence and form their own judgment. The process, however, remains fraught with legal and procedural hurdles that could delay the final outcome.
