Court dismisses plea to block VP Duterte impeachment proceedings

A QUEZON CITY Regional Trial Court (RTC) dismissed a petition to prevent the House Justice Committee from continuing impeachment proceedings against Vice-President (VP) Sara Duterte-Carpio over its lack of jurisdiction. 

In a five-page order dated May 6, Quezon City RTC Branch 81 Judge Madonna C. Echiverri said the court has no jurisdiction to hear the petition against the House Committee on Justice (HCOJ), as it is part of the power exclusively granted by the constitution to the House of Representatives.

The court also denied the request of Ms. Duterte’s husband, Manases R. Carpio, to restrain Speaker Faustino “Bojie” G. Dy III, Justice committee Chair Gerville R. Luistro, and Bureau of Internal Revenue Commissioner Charlito Martin R. Mendoza from continuing steps related to the impeachment proceedings.

“The petition for prohibition is DISMISSED for lack of jurisdiction. The prayer for issuance of a writ of preliminary injunction is DENIED,” according to the court order.

BusinessWorld reached out to Mr. Carpio’s camp, but they have not yet issued a statement regarding the court order.

Mr. Carpio’s petition aims to stop the House panel from executing subpoenas and continuing actions related to impeachment complaints against Ms. Duterte, particularly its request for tax records and other documents allegedly connected to the Vice-President and her husband.

However, the RTC said that the House panel is legitimately exercising the powers granted to it by the Constitution and cannot be prevented by prohibition or injunction.

“Respondents do not usurp but are in fact, as members of HCOJ are, by law, constituted to determine the sufficiency of the impeachment complaint against the Vice-President and eventually the determination of probable cause for the filing of the case to the Senate,” according to the court.

The court also upheld the House panel’s power to issue subpoenas as part of its authority in conducting impeachment proceedings. 

“Thus, the issuance of the subpoena duces tecum ad testificandum is an inherent power of the Committee, which is validly created by law, to carry out this constitutional mandate effectively in the conduct of its hearing,” according to the RTC.

The court also dismissed Mr. Carpio’s argument that the House panel had no jurisdiction over him and the documents allegedly connected to him and Ms. Duterte.

The RTC also said that the injunction cannot be used to prevent the House panel from performing its duties under the constitution.

The court also denied Mr. Carpio’s motion to admit newspaper reports and YouTube videos related to the House hearings as evidence, saying they were considered hearsay evidence.

In the same decision, the RTC said the petition should have been filed with the Supreme Court of the Philippines because the respondents are part of a co-equal branch of government.

The decision came after the House Committee on Justice approved that articles of impeachment against Ms. Duterte and confirmed probable cause to submit it to the plenary, which is expected to vote on May 11. — Pexcel John Bacon