Senators Seek Reconsideration of Supreme Court Ruling
MANILA, Philippines — Four senators have signed a draft resolution urging the Supreme Court to reconsider its ruling that declared the impeachment complaint against Vice President Sara Duterte unconstitutional. This move highlights the senators’ call for a fairer interpretation of the constitutional powers involved in impeachment cases.
Senator Francis “Kiko” Pangilinan, along with Minority Leader Vicente “Tito” Sotto III and Senators Bam Aquino and Risa Hontiveros, stand united in this effort. They emphasize the need to respect the balance of powers among the Supreme Court’s judicial review, the House’s power to initiate impeachment, and the Senate’s role in trying such cases.
Balancing Constitutional Powers
The draft resolution points out that the Supreme Court’s recent ruling conflicts with the principle that no constitutional provision should negate another. It references a precedent from the Civil Liberties Union vs. the Executive Secretary case to support this view.
Former Supreme Court Associate Justice Adolfo S. Azuna’s opinion is also cited, expressing concern that the court’s 97-page decision, while legally sound, appears “grossly unfair.” He argues that the court redefined what it means to “initiate” an impeachment complaint, affecting how the case against Duterte was judged.
Issues with Complaint Initiation
The draft resolution recalls the impeachment case of former Chief Justice Hilario Davide Jr., where the court considered a complaint “initiated” once it was put in the order of business and referred to the proper committee. However, none of these steps happened with the three earlier complaints against Duterte.
These complaints were filed on December 2, 4, and 19, 2024, while the fourth complaint, supported by over one-third of House members, was filed on February 5 and transmitted to the Senate for trial.
Concerns About New Definitions
The resolution criticizes the Supreme Court’s new definition that treats complaints not referred to a committee within a certain period as “effectively dismissed.” This reinterpretation was applied retrospectively to the fourth complaint, which was filed following the court’s previous definition.
Justice Azuna suggests that applying this new standard retroactively is unfair since the complaint was filed in good faith under the earlier rules. He recommends the Supreme Court apply the “Doctrine of Operative Facts,” which validates actions taken based on prior legal interpretations.
Upholding Fairness and Accountability
The senators’ draft urges the Senate to express its view that the Supreme Court should consider fairness and recognize prior actions as valid. This approach would allow the Senate trial to move forward, aligning with the public’s strong demand for accountability.
Overall, the resolution asks the Supreme Court to apply new legal interpretations only to future cases, preserving fairness in ongoing impeachment proceedings.
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