Senators split over VP trial after SC ruling
Senators are saying that they respect the Supreme Court’s ruling to declare the impeachment of Vice President Sara Duterte unconstitutional, but are divided over whether the Senate, acting as the impeachment court, should still hold her trial.
Sen. Francis “Kiko” Pangilinan said that it was the senators’ constitutional duty to go ahead with Duterte’s impeachment trial despite the Supreme Court’s explicit statement in its ruling on Friday that the Senate “did not acquire jurisdiction” over her case.
“It is my view that, at this late stage in the process of impeachment, we in the Senate are duty-bound to proceed with trial as mandated by the Constitution,” the senator said in a statement on Saturday.
Under the Constitution, it is the House of Representatives that impeaches an official and it is the Senate that conducts a trial to convict or acquit.
Pangilinan acknowledged that the court was exercising judicial review, or the power to declare laws or official acts as unconstitutional, but he argued that the tribunal was also preventing the Senate from carrying out its own mandate.
He earlier described the tribunal’s decision as an “overreach and a terrible precedent with far-reaching consequences.”
On Friday, the Supreme Court ruled in favor of two petitions, including one from the Vice President herself, questioning the constitutionality of her impeachment. It said her impeachment violated the one-year ban against more than one complaint against the same impeachable official and that it also violated due process.
Duterte was impeached through a resolution signed by 215 members of the House on Feb. 5. She is accused of culpable violation of the Constitution, bribery, graft and corruption, betrayal of public trust and other high crimes, particularly her alleged misuse of P612.5 million in confidential funds, and her threat to have President Marcos, first lady Liza Araneta-Marcos and Speaker Martian Romualdez assassinated should an alleged plot to kill her succeed.
Pangilinan suggested that the House may request a reconsideration of the court’s decision by invoking the “doctrine of operative fact,” which recognizes the existence and consequences of an act before it was determined to be unconstitutional.
“The Supreme Court may then reconsider its ruling,” the senator said. “In doing so … the Supreme Court’s power of judicial review, the [House’s] power to initiate impeachment complaints and the Senate’s power to try and decide impeachment cases are harmonized and all three are given validity and legal effect as it ought to.”
Erwin Tulfo: Proceed
Freshman Sen. Erwin Tulfo also said that the Senate should proceed to trial.
“I respect the ruling of the Supreme Court,” he said. “Nonetheless, the Constitution is clear: the Senate shall have the sole power to try and decide all cases of impeachment.”
“I am prepared to listen to evidence that is clear and to the true voice of the people,” he added.
His elder brother, Sen. Raffy Tulfo said in a brief statement on Saturday that while he was ready to be a senator-judge, he respected the court’s mandate “to determine if certain actions or processes of the other branches of government went beyond or against the provisions of our Constitution.”
After the court ruling was announced on Friday, Sen. Joel Villanueva said that the Senate could still hold a trial.
He cited as precedent the Senate’s decision to ignore a Supreme Court temporary restraining order on the trial of Chief Justice Renato Corona.
The Senate convened as an impeachment court on June 10 but sent the articles of impeachment back to the House, seeking certifications that the complaint did not violate the Constitution and that the 20th Congress would still pursue the case.
Sen. Vicente “Tito” Sotto said on Friday a “legal luminary” told him senators can still try Duterte. He added, however, that he was still studying the “advice.”
Zubiri: Don’t defy SC
But Sen. Miguel Zubiri warned against defying the high court.
“We may be courting a contempt order from the Supreme Court and a possible constitutional crisis, not to mention a dangerous precedent, should we proceed with the impeachment trial in defiance of a unanimous en banc ruling of the High Court,” he said on Saturday.
“Whether we agree with the decision or not, the Supreme Court remains the final arbiter of constitutional issues, lest we destabilize the very framework of government,” Zubiri added. “Respect and honor the Supreme Court of the Republic. PERIOD.”
Sen. Christopher “Bong” Go, a longtime ally of the Duterte family, also called on fellow lawmakers to respect the court’s decision.
“Justice conducted the wrong way is no justice at all. Shortcuts are not allowed!” Go said in a statement on Saturday.
“Now that the Supreme Court has made a decision, let’s respect it. Hopefully, this will be a path to our unity as a nation, for the sake of our country and our people, especially the poor,” he said.
Protesters cry betrayal
Activists and civil society groups denounced the Supreme Court’s decision as a direct assault on democratic institutions and a betrayal of justice.
“Every day that justice is denied, trust in our institutions erodes further. Every time the truth is buried, the wounds of the nation deepen,” said a joint statement by Tindig Pilipinas, Nagkaisa Labor Coalition, Kalipunan ng Samahang Pantao and Simbahan at Komunidad Laban sa Katiwalian.
“The very institution meant to uphold the Constitution and safeguard our democracy—the Supreme Court—has chosen to shield the powerful instead of standing with the people,” it added.
The Alliance of Concerned Teachers rejected the ruling, saying it “absolves the Vice President of the serious charges she faces.”
“Enough with impunity. Enough with the plunder. Enough with shielding the corrupt,” it said.
