DAVAO CITY, Philippines – Duterte-allied lawyers along with the Davao City vice mayor councilors filed a petition to the Supreme Court (SC) to block the impeachment trial of Vice President Sara Duterte.
On February 18, Tuesday morning, former Land Transportation Franchising and Regulatory Board chief Martin Delgra, Apollo Quiboloy’s counsel Israelito Torreon, and first district councilor Atty. Luna Acosta filed a petition for certiorari and prohibition with the High Court in Manila.
In the petition, the group argued that the Articles of Impeachment were null and void “for failure to meet constitutional requirements on verification and proper initiation of impeachment proceedings, and for failure to accord due process to Vice-President Duterte before the filing with the Senate”.
“It is very defective because first, it did not consider the three priorly filed impeachment complaints. It did not likewise consider due process to their vice president. It did not also follow the constitutionally prescribed verification process and because of these three and other grounds the impeachment complaint should be dismissed and not entertained,” Torreon was quoted by news reports in an interview at the SC grounds.
The petition also asked the court to issue a temporary restraining order (TRO) or a writ of preliminary injunction to stop the Senate from conducting impeachment proceedings “based on the defective Articles of Impeachment.”
Two other lawyers also signed the petition, Atty. James T. Reserva and Atty. Hillary Olga M. Reserva from Butuan City.
Signed as “citizens”
Davao City Vice Mayor Melchor Quitain Jr. was among the petitioners, along with 20 of the city’s 26 councilors: Bai Hundra Advincula, Alryan Alejandre, Dante Apostol, Sr., Conrado Baluran, Jessica Bonguyan, Louie John Bonguyan, Pilar Braga, Jonard Dayap, Edgar Ibuyan, Jr., Richlyn Justol-Baguilod, Myrna Dalodo-Ortiz, Diosdado Angelo Mahipus Jr., Bonz Andre Militar, Alberto Ungab, Trisha Ann Villafuerte, Lorenzo Benjamin Villafuerte, Jesus Joseph Zozobrado III, Indigenous Peoples’ Mandatory Representative Rodolfo Mande, Sangguniang Kabataan Federation representative to the city council Kristine May John Abdul Mercado, and Association of Barangay Chair president Darwin Salcedo.
All district councilors who signed the petition are seeking re-election under the Dutertes’ local party Hugpoong sa Tawong Lungsod.
Councilors who did not sign the petition are Councilors Bernie Al-ag, Wilberto Al-ag, and Javier Campos, who are running with the Nograleses in challenging the Dutertes. Councilor Nilo Abellera, Jr., an independent after being expelled from Hugpong in 2022, also did not sign the petition.
Vice Mayor Quitain and Councilor Mahipus Jr in separate interviews denied their signing of the petition to the Supreme Court was a collective move of their political party Hugpong, nor does it represent the city government’s position.
They assert their signing of the petition are individual decisions.
“I cannot speak for the others, but as a lawyer, as a taxpayer, and as an ordinary citizen of this country, I would like to know from the Supreme Court if there should be a ruling on whether or not the process was followed,” Quitain said.
Mahipus Jr. also questioned if the 240 members of the House of Representatives were able to read the full impeachment complaint which they signed on February 5.
“How can they justify that you read the documents based on your personal knowledge when you even told the media that you went there and signed, believing that it’s for merienda? So, meaning to say, the Supreme Court must take cognizance of that. Because you can just do away with the very strict requirements of the constitution that the complaint must be verified,” Mahipus said.
Duterte faces impeachment charges of conspiracy to kill the President, First Lady and the House Speaker, malversation of PHP612.5 million in confidential funds, bribery and corruption in the Department of Education, unexplained wealth and failure to disclose assets, involvement in extrajudicial killings (Davao Death Squad), destabilization, insurrection, and public disorder.
The SC has yet to issue an order on this petition. But it is currently acting on a petition for mandamus compelling the Senate to immediately constitute as an impeachment court to try the charges against Duterte. The SC is giving the Senate 10 days from February 18 to respond to this petition.(davaotoday.com)
davao city, Vice President Sara Duterte
