Senate Remand Raises Constitutional Concerns
The Philippine Constitution Association (PhilConsa) has voiced strong concerns over the Senate’s remand to the House of Representatives regarding the impeachment complaint against Vice President Sara Duterte. They emphasize that this Senate remand raises grave constitutional questions and challenges the integrity of the impeachment process.
PhilConsa urges the Senate to uphold its constitutional duty and proceed with the impeachment trial following the Constitution and rule of law. Any move that sidesteps this responsibility, they warn, poses a serious threat to democratic institutions.
PhilConsa’s Warning on Senate Jurisdiction
Led by Chairman Reynato S. Puno, a former Supreme Court chief justice, PhilConsa highlights that the Senate’s remand could represent a grave abuse of discretion. It risks undermining the core principle that public office is a public trust, a fundamental element of constitutional democracy.
As the country’s most respected constitutional law authority, PhilConsa stresses that public officials must be held fully accountable. Their accountability should never be avoided through procedural tricks or delays.
Impeachment Court’s Continuing Jurisdiction
PhilConsa underlines that once the Senate receives the Articles of Impeachment and is vested with jurisdiction as an Impeachment Court, this jurisdiction cannot be lost or paused by simple procedural actions. It remains intact until the case is resolved or dismissed.
They reference a 1997 Supreme Court ruling that states, “Jurisdiction, once validly acquired, is not lost by subsequent happenings. It continues until the case is finally resolved or dismissed.” This principle strongly applies to the Impeachment Court, following the example of the U.S. Senate impeachment process.
Constitutional Issues Highlighted by PhilConsa
PhilConsa raises several constitutional problems related to the Senate remand. These include potential grave abuse of discretion if the Senate unlawfully suspends its jurisdiction after it was validly acquired.
They also question whether requiring the House to certify compliance with the one-year ban violates the House’s exclusive authority under the Constitution. Furthermore, they warn against imposing new requirements not found in the Constitution or Senate Rules, which could be a deliberate attempt to delay or block the trial.
Another concern is whether the Senate compromises its impartiality by raising possible defenses on behalf of the respondent, which could undermine due process and fairness.
The association stresses that what is at stake goes far beyond one official’s fate. It is the Constitution’s integrity and the people’s right to hold public officials accountable. Impeachment must not be obstructed by procedural inventions or partisan tactics.
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