Senate will have to proceed with impeachment trial of Bautista

Sen. Vicente “Tito” Sotto III says Senate will have to proceed with the impeachment trial of Comelec Chairman Andres Bautista – unless the poll chief makes his resignation effective immediately. (File photo from the Philippine Daily Inquirer)

The Senate will have to proceed with the impeachment trial against Commission on Elections (Comelec) Chairman Andres Bautista since his resignation will still take effect on Dec. 31 this year.

This was according to several senators after the House of Representatives voted 137-75-2 to impeach Bautista, hours after he announced his plan to resign before the year ends.

The House justice committee has already been directed to come up with articles of impeachment and send the case to trial at the Senate.

Senate Majority Leader Vicente “Tito” Sotto III said the Senate’s hands were tied.

“If the impeachment case will be transmitted to us, we have to act on it,” Sotto told reporters on Wednesday.

He said there might be a chance that the House would transmit the case to the Senate on Wednesday night.

But if Bautista would file immediately file an irrevocable resignation, the impeachment case would be deemed moot, Sotto said.

If the trial should push through, Sotto explained that the Senate might start hearing the case either on the last week of November or the first week of December.

Sen. Francis Escudero also pointed out that the impeachment would still be an option, depending on Bautista’s plan on his resignation.

“He [Bautista] announced his plan or intention to resign but he has not yet actually resigned so impeachment is still an available remedy and procedure,” Escudero said in a text message.

For Sen. Panfilo Lacson, Bautista’s resignation as announced is “prospective.”

“So once the impeachment complaint is transmitted to the Senate and his resignation is still no in effect, then we will proceed with the trial,” he said.

But according to Sen. Francis Pangilinan, the impeachment trial would be a waste of time if Bautista had already committed to step down by yearend.

“The penalty for a conviction in an impeachment trial is removal from office,” Pangilinan said. “Since he has resigned effective end of the year, I don’t see any reason why the Senate should convene as an impeachment court.”

“It would be a waste of our time,” he said. “For all intents and purposes the matter is moot.”

/atm