QC court junks bid to stop House impeach proceedings vs. VP Duterte

By Jose Cielito Reganit, Philippine News Agency

Vice President Sara Duterte (Inday Sara Duterte/facebook)

MANILA – A Quezon City Regional Trial Court (RTC) has dismissed a petition filed by lawyer Manases Carpio seeking to stop the ongoing impeachment proceedings against his wife, Vice President Sara Duterte, ruling that the judiciary cannot interfere with the exercise of the House of Representatives’ constitutional impeachment powers.

The Quezon City RTC Branch 81 also denied Carpio’s plea for a writ of preliminary injunction against Speaker Faustino “Bojie” Dy III, House Committee on Justice (HCOJ) chair Batangas Rep. Gerville “Jinky Bitrics” Reyes-Luistro and Bureau of Internal Revenue Commissioner Charlito Martin Mendoza.

In a five-page order dated May 6, and penned by Presiding Judge Madonna Echiverri, the RTC dismissed Carpio’s petition for prohibition with prayer for the issuance of a writ of preliminary injunction for lack of jurisdiction.

“The petition for prohibition is DISMISSED for lack of jurisdiction. The prayer for issuance of a writ of preliminary injunction is DENIED,” the court ruling received by the House of Representatives said.

The petition sought to block the House justice panel from enforcing subpoenas and proceeding with actions tied to the impeachment complaints against Duterte, particularly after the committee sought tax records and other documents allegedly linked to the Vice President and her husband.

But the RTC ruled that the House panel was lawfully exercising powers granted under the Constitution and could not be restrained through 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,” the order stated.

Citing Article XI of the 1987 Constitution, the court stressed that the House has the “exclusive power to initiate all cases of impeachment.”

The ruling also upheld the committee’s subpoena powers, stating that the issuance of compulsory processes was part of its inherent authority to carry out 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,” the court said.

The RTC also rejected Carpio’s argument that the House panel had no jurisdiction over him or over documents allegedly connected to him and the Vice President.

“Prohibition issues only against usurpers or those who exercise power which have not been vested by law,” the ruling said.

The court further held that injunctions cannot be used to prevent the House panel from carrying out its constitutional functions.

“To enjoin the public individuals in the performance of their duty in the determination of the sufficiency of the impeachment complaint is to prevent said body to exercise its quasi-judicial or ministerial functions,” the order stated.

The court likewise rejected Carpio’s motion asking the RTC to take judicial notice of news reports and YouTube videos related to the House hearings.

“Newspaper articles amount to ‘hearsay evidence, twice removed’ and are therefore not only inadmissible but without any probative value at all whether objected to or not,” the court said.

In a key portion of the ruling, the RTC said the petition should have been filed before the Supreme Court because the respondents were acting as part of a co-equal branch of government.

“In the case at bench, the respondents are acting in the official capacity as part of the HCOJ, a co-equal branch of the government hence, the case at bench should have been filed with the Supreme Court,” the order stated.

The court ruling came after the House Committee on Justice unanimously found probable cause to impeach Duterte and approved the corresponding Articles of Impeachment for transmittal to the plenary, which is expected to vote on the impeachment articles on May 11.