SC asked to stop Senate from dismissing VP raps
A civil society organization led by retired Supreme Court justices asked the Supreme Court on Tuesday to issue an order that would bar the Senate from dismissing the impeachment complaint against Vice President Sara Duterte.
The Senate is expected to convene today, Aug. 6, to decide on whether or not to proceed with the trial of Duterte following the SC ruling.
In consolidated motions, the 1Sambayan Coalition led by retired Supreme Court Associate Justices Antonio Carpio and Conchita Carpio-Morales (also a former Ombudsman) asked the high court to issue a status quo ante order and also reconsider its ruling which declared the impeachment complaint against Duterte as unconstitutional.
“[To] fully ventilate the arguments of the parties, including those of Movants-Intervenors, it is judicially wise for this Honorable Court to grant a Status Quo Ante Order that prevents the Senate of the Philippines from taking concrete action such as to dismiss the Articles of Impeachment considering the pending constitutional issues that have yet to be resolved by this Honorable Court,” 1Sambayan said in its pleading.
The group also asked the high court to conduct oral arguments on the case to hash out the contending interpretations of the law, elevate the public understanding of the proceeding, and “reinforce the legitimacy of the Honorable Court’s decision.”
Serious implications
In seeking a status quo ante order, 1Sambayan cited Sen. Jinggoy Estrada’s pronouncement on Aug. 1 that the Senate will discuss and/or vote today whether to throw out the impeachment case following the high tribunal’s July 25 ruling.
The group warned that the upper chamber must not move to dismiss the articles of impeachment without the high court’s ruling on the pending motions for reconsideration by the House itself on Monday, as well as other groups.
“If the Senate will dismiss the Articles of Impeachment, it would moot the pending motions for reconsideration, which is unjust, unfair, and harmful to judicial process, considering that the Rules of Court, as amended, gives fifteen (15) days for a party within which to file a motion for reconsideration before a decision becomes final and executory,” 1Sambayan said.
1Sambayan reiterated the arguments of legal experts and academics: imposing new procedural requirements goes against the 1987 Constitution, specifically Article XI, Section 3.
‘Immediately executory’
Meanwhile the Supreme Court en banc on Tuesday tackled the motion for reconsideration filed by the House of Representatives even as it reiterated that its July 25 ruling, which declared the fourth impeachment complaint against Vice President Sara Duterte as unconstitutional, is “immediately executory.”
While it directed Duterte and petitioner-lawyer Israelito Torreon to comment on the House appeal, the high court emphasized in a press briefer—using boldface font—that its ruling voiding the impeachment complaint for violating the one-year ban and due process requirements is “immediately executory.”
This means the motion for reconsideration will not affect or suspend the immediately executory nature of the high court’s July 25 decision, according to Supreme Court spokesperson Camille Ting.
Other voices
Lawyer Dindo Garciano, who sits on the board of governors of the Philippine Constitution Association, also urged the Senate to exercise restraint and “not be overzealous” in following the Supreme Court ruling while it is still being appealed by the House.
Otherwise, it runs the risk of being “the last ever Senate impeachment court,” he warned.
Specifically, Garciano urged the Senate to “zealously look at the implications on the accountability of public officials if they proceed based on unclear and unresolved issues.”
Batangas Rep. Gerville Luistro on Tuesday likewise called on the high tribunal to treat the House’s appeal with utmost care, noting that the arguments and discussions regarding Duterte’s impeachment are important as these will be part of a landmark case that would define successive impeachment attempts.
Senate options
In the Senate, lawyer Reginald Tongol, whom Senate President Francis Escudero appointed as spokesperson of the impeachment court, said it’s possible the impeachment proceedings will not end today.
Tongol said over dzMM TeleRadyo that there will most likely be senators who will move to defer the voting on the floor and wait for the high court’s decision on the lower chamber’s motion for reconsideration.
For Sen. Ronald “Bato” dela Rosa, a heated debate is not expected on the Senate floor, noting that the majority are inclined to comply with the Supreme Court ruling.
However, Senators Bam Aquino and Risa Hontiveros said there is no need for the Senate to rush its decision on the impeachment trial of Duterte and should withhold its Aug. 6 vote on the matter since there is a motion for reconsideration filed.
Aquino said the Senate should wait for the high court’s decision on the appeal before moving forward.
“Kumbaga bakit ba tayo nagmamadali di ba (Why are we in a rush)?” Hontiveros said. —WITH REPORTS FROM KRIXIA SUBINGSUBING, GABRIEL PABICO LALU, CHARLIE ABARCA, TINA G. SANTOS AND MAILA AGER
