The principle of double jeopardy does not apply to the grave threats complaint currently pending against Vice President Sara Duterte before the Quezon City Regional Trial Court, the Senate Impeachment Court’s spokesperson clarified.
Atty. Regie Tongol stated that constitutional impeachment proceedings operate on a completely separate track from criminal cases handled by regular courts.
“To clarify on behalf of the Impeachment Court: The principle of ‘double jeopardy’ does not apply. Double jeopardy strictly applies to successive criminal proceedings,” Tongol said.
“While you noted we are distinct from regular courts, the Impeachment Court is a sui generis (unique) constitutional tribunal with the supreme mandate to determine political accountability and fitness for office, not penal liability,” he added.
Tongol cited Article XI, Section 3, Paragraph 7 of the 1987 Constitution alongside the Supreme Court ruling in Estrada v. Desierto, which established that regular criminal proceedings can proceed independently of an impeachment trial.
“Therefore, the issuance of a warrant and posting of bail at the regular courts for grave threats have absolutely zero legal implication on the ongoing impeachment trial,” Tongol emphasized.
“They do not legally alter, pause, or dictate the Impeachment Court’s timeline. The Senator-Judges remain completely focused on fulfilling their exclusive constitutional mandate independently, fairly, and with absolute impartiality,” he said.
Senate President Win Gatchalian echoed this view, stating he does not expect the regular court’s criminal case to influence the ongoing impeachment proceedings.
“This is my personal opinion, it has no effect on me and the impeachment because the court is different and the Impeachment (Court) is different,” Gatchalian said in a radio interview.
Gatchalian pointed out that the regular court’s finding of probable cause is not a verdict of guilt, as the case must still undergo full trial proceedings.
“The court determined that there is probable cause and there will be a hearing but it does not mean that they are guilty and they have a verdict.
“The same goes for the impeachment court, there will be a presentation of the defense, we will see what their defense will be and there we will have a decision, theirs is different, the impeachment is different,” he added.
Addressing concerns raised by Duterte regarding her personal security, Gatchalian stated that authorities must take any reported threats against the Vice President seriously and investigate them thoroughly.
“To me, the most important thing is the safety of everyone including our vice president, that is the most important. If there is a threat, there is a threat to our vice president, a threat to her life, to her family, we should take it seriously,” Gatchalian remarked.
The Senate leader called on the Philippine National Police to look into the matter and identify the origin of any safety threats.
“I also call on our police officers to do their own investigation, investigate where the threat is coming from because this is not good, anyone, whether it is the VP or an ordinary person. Our government should protect them from any threats,” he said.