Senators Debate Senator-Judges’ Role in Impeachment Court
Senator-elect and former Senate president Vicente Sotto III recalled valuable lessons from the late Senator Miriam Defensor-Santiago regarding the role of senator-judges in impeachment trials. According to Sotto, senator-judges cannot file motions and may only seek clarifications during proceedings. He criticized the Senate’s recent decision to remand the Articles of Impeachment against Vice President Sara Duterte back to the House of Representatives based solely on a senator-judge’s motion, calling it “flawed.”
“(The) Senate (Impeachment) Court’s decision is flawed! A senator-judge cannot file a motion on himself. Only the defense or prosecution counsels are allowed,” Sotto said in a statement. He added, “Sen. Miriam, who was a former RTC judge, taught me that in the 11th Congress. Senator-judges can only ask questions for clarifications.”
Senate Rules and Parliamentary Procedure Under Scrutiny
Sotto also disagreed with Senate President Francis “Chiz” Escudero’s position that the rules do not prohibit sending the case back to the House. “Hindi porke wala sa rules ay pwedeng gawin (Just because it’s not in the rules they can do that),” he emphasized. He further explained that presiding over a collegial body does not require being a lawyer. Instead, “familiarity with parliamentary procedure, experience, fairness, and good faith are enough.”
Having participated in previous impeachment trials, Sotto underscored the importance of adhering strictly to the Philippine Constitution, laws, and rules. “Plain and simple language need no interpretation from a lawyer,” he said, urging fellow senators to review past impeachment trial practices before making motions or statements.
Importance of Tradition and Decorum in Impeachment Trials
Sotto highlighted the significance of the senator-judges wearing the traditional impeachment robe, which symbolizes authority and impartiality. “Sen. Miriam, being a former judge, taught me then that judges’ robes are a symbol of their authority and impartiality, signifying their role as representatives of the judicial branch and the law,” he noted.
He added that the robe also represents professionalism and institutional integrity, both historically and today. “Judges wear robes to show they are fair and do not take sides. The robe stands for their role as leaders of the court who follow the law,” Sotto explained.
He encouraged newer senators to revisit records and debates from the 11th Congress, when the first impeachment was thoroughly discussed. “Aral aral muna bago putak (Study first before you speak)!” he advised.
Controversy Over Robes and Remanding Motion
During the Senate’s impeachment court session on June 10, three senators—Imee Marcos, Robin Padilla, and Cynthia Villar—did not wear the traditional impeachment robes when voting to remand the complaint back to the House. This raised questions about the trial’s decorum and adherence to tradition.
Meanwhile, Atty. Reginald Tongol, the spokesperson for the impeachment court designated by Escudero, stated they do not intend to comment on the various legal opinions but respect all views and the judicial process. “Since this is a political process, the impeachment court welcomes all of those constitutional views, opinions, negative and positive,” Tongol said.
He mentioned that former associate justice Adolfo Azcuna, one of the Constitution’s framers, believed that remanding the complaint back to the House is unique but not unconstitutional. “We will leave it to the constitutionalists; they are also debating. Even the senator-judges, as you’ve seen during the deliberations, they also debated with each other,” Tongol added.
Ultimately, Tongol stressed that the majority’s decision prevailed, as expected in any collegial body deciding on such matters.
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