In the petition filed on Feb. 18 with signatures coming from the former president, Lucas Carpio Jr., the vice president’s father-in-law, Sigfried Fortun, Gregorio Narvasa, Sheila Sison and Roberto Batongbacal of Fortun, Narvasa and Salazar, Sara Duterte filed a petition for certiorari and prohibition with urgent application for temporary restraining order and writ of preliminary injunction.
According to the rules of court rule no. 65, certiotari is proper to question jurisdiction, or the authority to hear and decide a case.
A petition for certiorari can be filed if the body or person whose authority is being questioned is believed to have acted without or beyond their jurisdiction and there is no appeal and adequate remedy in the course of law.
On the other hand, a petition for prohibition can be filed if a body or person has acted without its jurisdiction and can be used for courts, officers, and persons from acting outside its authority.
The court will command the respondent to desist or stop doing the matter or action in the petition.
The vice president filed the petition after lawyers from Mindanao led by Atty. Israelito Torreon, lawyer of Kingdom of Jesus Christ (KOJC) founder and senatorial aspirant Apollo Quiboloy on Tuesday, Feb. 18.
He said in a press conference on Tuesday that the signatures in the impeachment complaint filed by the House are not verified.
“Is that a proper validation? 215 signatures who did not have any idea on what the subject matter is,” Torreon said during the press conference.
Torreon insisted that there was no proper discussion and deliberation amongst the lower chamber in the impeachment of Duterte.
“There was no proper deliberation, there was no proper discussion, the VP was not even summoned to answer for the alleged allegations that she committed as found in the complaint,” Torreon added.
The impeachment was submitted by the lower chamber to the Senate on Feb. 5 with 215 solon signatures.
It came after three consequent complaints that were related to her alleged misuse of confidential funds.
‘Preparation of Senate’
In a press conference on Wednesday, Senate President Francis ‘Chiz’ Escudero said that the Senate is undergoing preparations for the impeachment trial of Duterte.
“Dahil naisampa na ang impeachment, may katiyakan na magkakaroon ng impeachment trial at kailangan itong paghandaan ng Senado,” Escudero said.
He insisted that no trial will be conducted as the upper chamber is in a recess.
Escudero said that the Senate recess will give time for the SC to answer regqrding VP Sara’s petition.
“Nag-recess kami para lahat ng mga bagay na ito ay maidulog sa Korte Suprema, mapagpasyahan na ng Korte Suprema para wala nang pipigil o aantala pa sa trial ng Senado na mga ganitong uri ng teknikalidad o issue,” he told the media.
If there is no SC ruling by June 2, the senate president stated that the upper chamber will do its duty and function under the consitution unless there is a temporary restraining order (TRO) or a preliminary injunction issued by the SC.
When asked about the petition of former Bayan Muna party-list rep. Neri Colmenares seeking the Senate to immediately convene as an impeachment court, Escudero answered that he will refer it to the Senate Committee on Rules and its legal team for an answer.
“Well, tatanggapin namin ‘yun, ire-refer namin sa Committee on Rules at sa legal team ng Senado para gumawa ng karampatang at matimbang ang kaniyang mungkahi,” he said.
Escudero also asks Colminares regarding the petition.
“Kung ang interpretasyon nila ng immediately, ‘yung salitang immediately talagang nandoon, ay lumampas pa ng dalawang buwan, sa katunayan, tatlong impeachment ng Bayan Muna ang in-archive, sino naman sila ngayon para madaliin kami samantalang sila naman ay tila hindi nagmamadali kaugnay sa kanilang reklamo?” He questioned the move.
When asked the earliest date for the impeachment trial to commence, Escudero said that it will be after June 30.
“After the 20th Congress convenes, that’s what I’ve been saying from day one, we will do the preliminary matters before trial before the 20th Congress convenes. But most likely, trial itself will commence, once the 20th Congress convenes – so the soonest we can convene the impeachment court for trial purposes would be once the Senate is complete with 24 members, that will happen after June 30,” he explained.
Escudero said on Feb. 10 that the impeachment trial will commence after President Ferdinand ‘Bongbong’ Marcos Jr.’s State of the Nation Address (SONA).
