Senate Court

Constitutional crisis

- With Marc Jayson Cayabyab, Jose Rodel Clapano

"If the defense raises affirmative defense, the impeachment court should decide on it, and both parties as well as senator-judges should debate on it. They will deliberate on it, and that's what we should wait for," he added.

He said both panels may still use the time before the convening of the 20th Congress on July 28 to buttress their respective cases.

Constitutional crisis

For the spokesman of the 11-man House prosecution panel, an outright dismissal of the impeachment case against Duterte would lead to a constitutional crisis, as prosecutors would likely seek Supreme Court intervention, particularly through petition for certiorari with mandamus.

"We have nowhere to turn to but the Supreme Court because it's the final judge on institutional issue of whether it is compliant with the Constitution or not. That's what we can raise — grave abuse of discretion amounting to lack of jurisdiction," said Antonio Audie Bucoy at the Saturday News Forum in Quezon City.

"Certiorari questioning the exercise of abuse of discretion amounting to lack of jurisdiction. Mandamus for the court to compel the court to try it," he added.

Senate President and impeachment court presiding officer Francis Escudero earlier said it is possible the court could decide by a simple majority of votes whether to dismiss the impeachment complaints or not.

Citing the 1987 Constitution, Bucoy said the impeachment court's mandate is to conduct a trial and render judgment, stressing there is no provision that allows senator-judges to junk an impeachment case without a trial.