Incoming Akbayan Party-list Rep. Chel Diokno questioned the move of the Senate sitting as an impeachment court to remand to the House of Representatives the impeachment complaint against Vice President Sara Duterte.
“That is what puzzles us, can a judge even file a motion?” said Diokno, one of the House prosecutors in the impeachment case reporters, in an interview Wednesday.
“In court, motions are filed by either the prosecution or the defense. So, this is another aspect that we see as a violation, not only of the Constitution but also of the rules they (senators) approved,” he added.
Diokno pointed out that the senators already took an oath as judges when they moved to remand the case, not as lawmakers. This prompted his observation that the senators “abandoned” the Constitution and committed a “clear grave abuse of discretion” when they voted to remand.
Voting 18-5, the Senate sitting as an impeachment court moved to return the seven articles of impeachment to its origin for certification.
Militant legislators also expressed disappointment to the decision of presiding judge Senate President Francis ‘Chiz’ Escudero.
“The Senate’s decision to refer the Articles of Impeachment against Vice President Sara Duterte back to the House of Representatives is deeply disappointing. It is a veiled dismissal,” said Gabriela Party-list national vice chairperson and impeachment complainant Sara Elago.
Elago said the Senate had the opportunity to allow the constitutional process to take its course—to show the people that no one is above the law. “Pero sa halip, pinili nilang umiwas (But instead the Senate opted to do away with it). This is injustice. This is evasion, dressed in formality.”
“We filed this impeachment complaint not only as a legal action, but as a moral and political stand for transparency, justice, and accountability,” Elago added.
Similarly, Bayan Muna Chairman Neri Colmenares lambasted the Senate impeachment court’s decision, calling the move unconstitutional and a blatant attempt to delay justice and accountability.
“The motion to return or remand the articles of impeachment is without any factual and constitutional basis. The Constitution states that once the articles of impeachment are transmitted to the Senate the duty of the Senate is to try the case forthwith, not to send it back,” Colmenares said.
