“The Senate’s primary role in impeachment trials is to hear and decide case, not to return it to the lower chamber nor act as a reviewing body…”
The Senate’s decision to remand the impeachment articles against Vice President Sara Duterte to the House of Representatives is not only unprecedented, but clearly unconstitutional, and immoral.
There is no such thing as “remand the impeachment complaint to the House.
The 1987 Constitution is unequivocal. In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.
It goes without saying the Senate, having been constituted as an impeachment body, the impeachment trial should proceed without further delay.
The Senate’s primary role in impeachment trials is to hear and decide case, not to return it to the lower chamber nor act as a reviewing body on the any decision by the lower House.
Both chambers are Constitutionally equal.
Under the impeachment rules, the House endorses the impeachment complaint to the Senate after it impeaches a public official and the Senate forthwith proceed with the trial.
The Senate’s illegal vote to remand will cause confusion and result in a protracted back-and-forth-back match between the two chambers effectively delaying or even derailing the trial.
Watching and listening to the their debate, I thought the Senate had become a Tower of Babel.
This is ironic considering the Senate was supposed to be guided by the Holy Spirit whose sending to the people of God was celebrated last Pentecost Sunday.
The Holy Spirit brings wisdom, clarity and enlightenment, not confusion and distrust which is what the Senate action engendered.
While illegal and unconstitutional, the act of the Senate the other day has political value and is tantamount to a vindication of Sara Duterte.
It is a license to steal from the public, a permit to act with impunity. It is therefore immoral and must be objected to vigorously and passionately.
The net effect of what the Senate did last Tuesday, even if this was unconstitutional, illegal, and immoral, was however positive. The impeachment court has been convened, it has acquired jurisdiction over the VP, and most of all the trial will now successfully traverse to the 20th Congress.
There are no legal luminaries in the Senate, except maybe my classmate Koko Pimental but retired Justices Adolf Azcuna and Tony Carpio have made similar conclusions.
Unintentionally, Senators Bato, Cayetano, Escudero, and Villanueva have made sure there will be an impeachment trial come July.
In short, they outsmarted themselves.
The House of Representatives, as a co-equal body, does not have to accept the remand but motu propio, the House can certify to the two things requested from them – that they comply with the Constitution which they did and that the 20th Congress would like to proceed with the trial.
The prosecutors can present these certifications to the Impeachment Court as a courtesy. As the latter are after all officers of the Court.
The goal of the Duterte camp is to prevent a trial.
Like in the ICC case, the evidence is overwhelming against the VP.
Even if the two thirds vote for conviction is not there now, that will change when the senator judges see and weigh the evidence.
In this regard, motions to dismiss by VP Sara must be summarily denied and especially if filed by a Senator Judge.
The latter would be most inappropriate.
The signal from President Marcos is important.
He should know what the implications are to him and his family, and of course the country. If he does not take political risks, why will the other politicians take a risk?
The picture of course is what all of this means for the country.
This fight narrowly can be seen as a confrontation of big political dynasties.
But beyond that it’s us the people against the dynasties.
Let’s enable them — the Marcos and Duterte dynasties — to destroy (not kill as I believe in non-violence) each other.
And take down all the other dynasties so we the people will pick up the pieces and create a better Philippines.
We must all remain vigilant when trial resumes in July. Much is at stake.
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