Senate Can Only Dismiss Impeachment Case, Lacson Insists
Senator-elect Panfilo “Ping” Lacson firmly rejected a draft resolution reportedly linked to Senator Ronald “Bato” dela Rosa’s office, which claims the Senate can dismiss the impeachment case against Vice President Sara Duterte without holding a trial. Lacson stressed that only the Senate convened as an impeachment court has the authority to decide on such cases.
“There is no sense in the draft resolution calling for the de facto dismissal of the impeachment case against Vice President Duterte,” Lacson said in a statement on Friday, June 6. He reminded readers that the Vice President, the country’s second highest official, was impeached by the House of Representatives on February 5.
Constitutional Mandate and Senate’s Role
Lacson emphasized that the Senate, when acting as a legislative body, lacks jurisdiction or legal authority to dismiss impeachment cases. “Only the Senate as an impeachment court can render a decision on the matter,” he said.
Senator dela Rosa, known as an ally of the Duterte family, admitted to originating the controversial draft resolution. Under the 1987 Constitution, the Senate must promptly hold an impeachment trial once it receives the articles of impeachment from the House. However, the draft resolution seemingly bypasses this constitutional requirement by suggesting the Senate plenary could dismiss the case without trial.
Legal Precedent and Senate Proceedings
Lacson pointed out that although time constraints prevent the impeachment trial from taking place during the 19th Congress, the Senate as an impeachment court is not bound by this limitation. In a recent One News interview, he cited debates from June 2, where Senator Aquilino “Koko” Pimentel III referenced the 2004 case, Pimentel vs Joint Congressional Hearing, highlighting the difference between the Senate as a legislative body and as an impeachment court.
“If they (senators) are not acting as an impeachment court, they have no personality to dismiss the impeachment case. The only entity that can act on an impeachment case properly transmitted by the House is the impeachment court itself,” Lacson explained.
He added, “In this case, the impeachment court is not yet convened so the Senate is currently acting as a legislative body and I don’t think they are authorized to act on an impeachment case transmitted by the House.”
Possible Supreme Court Intervention and Next Steps
When asked whether the Senate could pass a resolution to avoid convening as an impeachment court, Lacson said, “They can always try but I think the Supreme Court (SC) can strike it down if someone questions the resolution.”
He believes the best course of action is to allow the impeachment trial to proceed during the 20th Congress since it cannot be completed in the 19th. “The best way forward is to go into trial, to determine if there is a conviction or acquittal,” Lacson concluded.
The 19th Congress is set to adjourn sine die on June 11.
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