The grave threats case against Vice President Sara Duterte may raise a justiciable matter that could ultimately be resolved by the Supreme Court.
Lawyer Danielito “DJ” Jimenez said Duterte’s defense team could seek to suspend the criminal proceedings while her impeachment trial is ongoing or elevate certain legal issues to the SC.
“I think both, guilt or innocence, it might create an impression,” Jimenez said during an interview on Bilyonaryo News Channel’s At The Forefront with Atty. Karen Jimeno.
He was asked whether the separate criminal case could influence the perception of senators sitting as impeachment judges and the public regarding Duterte’s guilt or innocence in the impeachment case.
“Kaya nga I guess even on the ground that there is already a pending impeachment proceedings, prudence might come along the way to suspend muna (lower court proceedings),” Jimenez said.
Jimenez said the simultaneous proceedings could create an unusual situation particularly if Duterte were convicted in one case but acquitted in another.
“Imagine convicted ka sa isa, acquitted ka dito, or acquitted ka duon, or parehas,” he said.
“So tingin ko talagang ito this is really a justiciable matter na tingnan natin what the higher courts will eventually say,” Jimenez added.
Asked whether the SC could suspend the trial of the grave threats case, Jimenez said the defense could first seek relief before the Regional Trial Court.
“Actually within the RTC as an alternative remedy the defense can seek for the suspension of proceedings while the impeachment trial is ongoing,” he said.
The defense could also challenge the denial of its motion to quash and elevate the issue to a higher court, he added.
“Actually mag-MR muna (sa lower court) supposedly pero pure question of law ito. In theory baka pwede rin silang dumiretso sa SC,” Jimenez said.
“ So ultimately SC ang mag-de-decide,” he added.
Jimenez’s statements came as the grave threats case against Duterte proceeds separately from her impeachment proceedings.#