Senate Duty-Bound to Advance Impeachment Trial
MANILA — Senator Kiko Pangilinan emphasized that the Senate is duty-bound to proceed with the impeachment trial of Vice President Sara Duterte, despite the Supreme Court’s recent ruling declaring the complaint against her unconstitutional. The senator highlighted the constitutional responsibility of the Senate to carry out its mandate in this high-profile case.
On Friday, the Supreme Court ruled that the fourth impeachment complaint filed by 215 House members against Duterte violated the constitutional provision that prohibits multiple impeachment proceedings against the same official within a year. However, Pangilinan insisted that the Senate must continue to fulfill its role as the impeachment court.
Reconciling Supreme Court Ruling and Senate Mandate
“At this late stage of the impeachment process, we in the Senate are duty-bound to proceed with the trial as mandated by the Constitution,” Pangilinan stated on Saturday. While recognizing the Supreme Court’s authority to conduct judicial review, he argued that the ruling prevents the Senate from exercising its constitutional powers.
To resolve this deadlock, Pangilinan suggested that the House of Representatives could file a motion for reconsideration, invoking the doctrine of operative fact. This doctrine acknowledges the validity of actions taken before a law or ruling is declared unconstitutional. He further explained that this step might encourage the Supreme Court to revisit its decision.
“By doing so, the power of judicial review, the House’s authority to initiate impeachment, and the Senate’s power to try cases can harmonize, ensuring all branches’ constitutional roles are preserved,” the senator added.
Concerns Over Supreme Court Overreach
Pangilinan criticized the Supreme Court decision as an overreach with dangerous implications. He warned that in future cases, the Senate’s role as an impeachment court could be undermined if the Court can simply declare complaints unconstitutional, referencing a hypothetical scenario involving a Supreme Court justice facing impeachment.
Following the ruling, several senators expressed that the impeachment trial could still move forward despite the order. Senator Erwin Tulfo affirmed his respect for the Supreme Court’s decision but underscored the Constitution’s clear assignment of sole impeachment trial powers to the Senate. In Filipino, he said, “I am ready to hear clear evidence and the true voice of the people.”
Calls for Respecting the Supreme Court
Meanwhile, Senator Juan Miguel “Migz” Zubiri cautioned against defying the Supreme Court ruling, warning that proceeding with the trial might lead to contempt charges and a constitutional crisis. He emphasized the importance of the Court’s judicial review in maintaining government checks and balances.
“Whether or not we agree, the Supreme Court remains the final arbiter of constitutional issues to prevent destabilizing the government framework,” Zubiri said. He stressed, “Respect and honor the Supreme Court of the Republic. PERIOD.”
Senator Bong Go, a longtime Duterte ally, echoed the call for respect. He said, “Justice conducted the wrong way is no justice at all. Shortcuts are not allowed!” mixing Filipino and English.
Background and Next Steps
Vice President Sara Duterte faces charges including culpable violation of the Constitution, bribery, graft, betrayal of public trust, and misuse of ₱612.5 million in confidential funds. The House impeached her in February, and the Senate began the trial on June 10 but paused for certification regarding the constitutional one-year ban on multiple impeachment complaints.
After the Supreme Court ruling effectively halted the trial, the House spokesperson declared they would “exhaust all remedies to protect the independence of Congress and preserve the sanctity of our constitutional role,” according to sources.
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