Senator-elect Panfilo ‘Ping’ Lacson raised concerns about the interpretation of Article XI, Sec. 3 of the 1987 Constitution, which does not include the word “remand” in the accountability of public officers, following the Senate impeachment court’s return of the case against Vice President Sara Duterte.
“All lawyers should know this legal maxim: ‘Expressio unius est exclusio alterius‘ (What the law does not include, it excludes) The word ‘remand’ is not included in Art XI Section 3 of the1987 Constitution,” said Lacson.
Earlier, Lacson—who may serve as a senator-judge, if the case crosses over to the 20th Congress—agreed with the Philippine Constitution Association’s (Philconsa) opinion that constitutional concerns were raised with the remanding of the impeachment complaint.
He added the Senate impeachment court’s action may be subject to judicial review by the Supreme Court, if its action constitutes grave abuse of discretion.
Meanwhile, Lacson praised former Senate President Juan Ponce Enrile for sharing his insights having worked in two impeachment cases in the past.
He cited Enrile’s narration of changing his mind after personally hearing the evidence during the impeachment trial of former Chief Justice Renato Corona.
“Amazing memory at 101. JPE is narrating it exactly the way he told me personally 13 years ago why he changed his mind from probable acquittal to definite conviction,” he said.
Lacson is hopeful he and his fellow senator-judges will be fair in handling the impeachment trial if it crosses over to the 20th Congress.
He also reminded fellow prospective senator-judges that they are also under scrutiny from the people, from whom they get their mandate.
“We will be judged by the people who will also see the evidence presented. Filipinos may not be lawyers but they can discern, especially in this day and age of modern information and communications technology. So, the senator-judges have an obligation not to the Senate leadership or the Vice President, but to the people. After all, we got our mandate from them,” Lacson said.
