Senate’s Role in Impeachment Trial Under Scrutiny
In the Philippines, the Senate’s role in impeachment trials has long been clear: once the House of Representatives votes to impeach, the Senate convenes as an impeachment court to try the official. This process ensures the accused has a chance to defend themselves, a principle that has guided past impeachments.
Former Bayan Muna representative Neri Colmenares, a prosecutor from the impeachment trial of former Chief Justice Renato Corona, emphasized the importance of this principle. “The Senate’s duty under the Constitution is to convene immediately as an impeachment court, whether they agree or disagree with the complaint,” he explained.
Historical Precedents Support Senate Action
Colmenares recalled how during previous impeachments, due process was never questioned. For example, when Ombudsman Merceditas Gutierrez was impeached, the Senate assembled to begin the trial after one-third of the House voted for impeachment. Though Gutierrez resigned before the trial started, the Senate’s prompt action demonstrated adherence to constitutional duties.
According to Colmenares, the voting by the entire House is not part of due process. Instead, due process is respected during the Senate trial, where the accused can present their defense. The Constitution requires only one-third of the House to initiate a trial to ease the burden on complainants, reflecting a system designed to facilitate accountability.
Supreme Court’s Recent Ruling Challenges Tradition
Recently, the Supreme Court declared the fourth impeachment complaint against Vice President Sara Duterte “unconstitutional,” stating that due process requires the accused to answer the complaint first at the House level. This ruling contrasts with past practices where the Senate proceeded to trial based on one-third House approval.
Colmenares pointed out the inconsistency: if the Supreme Court’s interpretation were applied retroactively, impeachments of figures like Corona, Gutierrez, and former President Joseph Estrada would also be seen as violations of due process. “But that is not the concept under the Constitution,” he stressed.
Concerns Over Senate’s Handling of Vice President’s Complaint
Colmenares criticized the Senate’s decision to archive the impeachment complaint against Vice President Duterte while the House’s motion for reconsideration remained pending before the Supreme Court. He argued that the Senate should have waited for a final Supreme Court ruling before ending the process.
“The Supreme Court itself entertained the motion for reconsideration from the House, yet the Senate seemed eager to conclude the matter. It shows they may not want to hear the impeachment and feel relieved by the court’s decision,” he said in a phone interview.
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