Senate’s Role Questioned in Sara Duterte’s Case
Incoming Akbayan Party-list Rep. Chel Diokno raised a crucial question about the impeachment process involving Vice President Sara Duterte: can a judge file a motion for the benefit of the accused? This question came amid allegations of “grave abuse of discretion” by the Senate, which effectively returned Duterte’s impeachment complaint to the House of Representatives.
“Iyan ang pinagtatakahan namin kung pwede ba mag-file ng motion ang isang judge?” Diokno asked during a chance interview with House reporters on June 11. He highlighted the confusion around the Senate’s actions, as motions are normally filed by the prosecution or defense in court, not by judges.
“Sa korte, ang nagpa-file ng motion ay iyong prosecution o kaya ang defense. So, iyan ang isa ring bagay na nakikita namin na lumalabag hindi lang sa Konstitusyon kundi sa rules na inaprubahan nila,” he explained. Diokno stressed that the Senate’s step could violate both the Constitution and the rules it had approved.
Senators Reminded of Judicial Role
Diokno emphasized that while some senators might still view themselves primarily as lawmakers, they must remember their oath as senator-judges during impeachment trials. “Kung minsan siguro ang nasa isip ng ibang mga senador ay as lawmaker pa sila, pero kailangan natin silang i-remind na senator-judge po sila, nanumpa sila bilang senator-judge,” he said.
He also voiced a strong opinion about the Senate’s handling of the case, stating, “Ang sabi ko nga kanina inabandon na nila ang Constitution and that is really a clear grave abuse of discretion.” The incoming congressman referred to the Senate’s decision as a serious departure from constitutional duties.
Senate Votes to Return Impeachment Complaint
On June 10, senators convened as an impeachment court more than four months after the House impeached Vice President Duterte. The senator-judges voted 18-5 to send back the seven articles of impeachment to the House of Representatives. This move aimed to certify the complaint as compliant with the one-impeachment-case-per-year rule.
Originally, Senator Ronald “Bato” dela Rosa proposed dismissing the impeachment complaint outright. However, Senator Alan Peter Cayetano amended the motion to simply return the complaint to the House for further action.
“Hindi umuupo ang Senado bilang lawmaking body, sila ay umuupo bilang mga senator-judges,” Diokno reminded, underscoring the Senate’s judicial function in this process rather than its legislative role.
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