File photo of Rep. Leila De Lima (Senate Public Relations and Information Bureau)
MANILA, Philippines — Incoming Mamamayang Liberal Party-list Rep. Leila de Lima cast doubts on the timing of the Office of the Ombudsman’s order for Vice President Sara Duterte to respond to the complaints initiated by the House of Representatives over her alleged misuse of confidential funds.
On Friday, the Ombudsman ordered Duterte, along with nine other officials from the Office of the Vice President and Department of Education, to file their counter-affidavits.
READ: Ombudsman to Sara Duterte: Respond to misuse of funds complaints
“There’s really room, and there’s reason for concern. Especially on the part of prosecutors, sa impeachment prosecutors,” De Lima said in a radio interview.
De Lima emphasized that Ombudsman Samuel Martires—who was appointed by former President Rodrigo Duterte in 2018—is expected to retire in July this year.
She added that the “swift action” of the Ombudsman on the case of Duterte is “out of character,” citing the “slow pace in previous investigations involving former President Rodrigo Roa Duterte and his close associates.”
“That’s out of character, actually, if you can say that’s how quickly he acted to make VP Sara answer immediately,” De Lima said in mixed English and Filipino.
Only this month, the House of Representatives adopted a committee report recommending the filing of charges against Duterte and other officials from her office over the alleged misuse of confidential funds.
The charges are technical malversation, falsification and use of falsified documents, perjury, bribery and corruption, and plunder, betrayal of public trust, culpable violation of the Constitution.
‘Senate impeachment might be preempted’
According to De Lima, the swift move of the Ombudsman may preempt the Senate impeachment court with regard to Duterte’s impeachment trial.
The former senator also emphasized that should the Ombudsman dismiss the vice president’s case before the Senate convenes as an impeachment court, this might be used by the defense team to weaken the prosecution’s case.
READ: Sixteen lawyers defending Sara Duterte in her impeachment trial
The doubt won’t disappear, the suspicion that maybe the plan is that he will act immediately once he gets it, the counter-affidavit has been submitted, and it is not far to dismiss it,” De Lima said.
“If that is dismissed, necessarily that would have an effect on the impeachment case at trial. That’s what the defense counsel will mention. There’s a finding of probable cause,” she added.
Duterte was impeached by the House of Representatives on February 5 after a total of 215 lawmakers signed a complaint against her, with some of the grounds including “culpable violation of the Constitution, betrayal of public trust and graft and corruption.”
The Senate convened as an impeachment court last June 10 to start the trial. However, Senator-Judge Alan Peter Cayetano introduced a motion to return the articles of impeachment to the House of Representatives, asserting to ensure that constitutional safeguards and issues of jurisdiction were not violated.
A total of 18 senator-judges voted in favor of the motion, leading the impeachment court to remand the articles of impeachment to the lower chamber.
Senator Risa Hontiveros, Senate Minority Leader Aquilino “Koko” Pimentel III, and administration Senators Grace Poe, Nancy Binay, and Sherwin Gatchalian opposed the move. /mr