Drilon, Sotto: Separation of powers bars SC from entertaining impeachment petitions
Former Senate Presidents Franklin Drilon and Vicente Sotto III believe that petitions urging the Supreme Court to intervene in the Senate’s conduct of the impeachment trial of Vice President Sara Duterte will not succeed.
The petitions include Duterte’s own request for the high court to annul the impeachment complaint filed against her by the House of Representatives; one filed by a group of lawyers from Mindanao urging to stop the Senate from convening an impeachment court to try the vice president; while another sought to compel the upper chamber to convene immediately as an impeachment court.
Read: Duterte allies ask SC: Stop VP impeachment trial
In separate interviews with the Inquirer Plus, Drilon and Sotto said that they had no memory of any high court order that required the Senate or House of Representatives to take action on legislative matters.
“I do not recall that the SC has ever done so. And it should not,” Drilon said in a text message, adding that the 1989 Constitution provided a clear separation of powers between the legislative and judiciary branches.
“Congress and the Supreme Court are co-equal branches of government, and the doctrine of separation powers prevents the SC from entertaining such petitions.”
Sotto agreed, noting that the high court “never (compelled the Senate) on legislative undertakings.”
“They have to listen to the answers of the legislative bodies before deciding on the petition before them. I seriously doubt if it’s possible to interfere,” said Sotto, who is seeking reelection in May.
‘Sole power to try’
Drilon also said the high court cannot act on Duterte’s petition seeking to stop her impeachment trial.
“Under Section 3, Article 11 of the Constitution, “the Senate shall have the sole power to try and decide all cases of impeachment,” Drilon said.
Sotto also agreed with Drilon: “In my humble opinion. I may be proven wrong, but that’s how I assess it.”
Senate President Francis Escudero has maintained that the Senate could only convene as an impeachment court when Congress is in session.
Read: No impeachment trial vs VP Duterte during break of Congress – Escudero
Congress is now on a three-month-long break for the midterm elections. The impeachment complaint against Duterte, which has the support of over 200 House members, was submitted by the House to the Senate on the last day of the Congressional session last Feb.5.
Escudero explained that Congress should be in session to allow impeachment judges to take oaths.
He has since said that the earliest time the Senate could hold Duterte’s impeachment trial is after President Ferdinand Marcos’ fourth State of the Nation Address in July.
Read: SC to Senate: Comment on petition to act on VP impeachment
