Dela Rosa, Tolentino must inhibit as senator-judges in VP Sara impeachment trial —Monsod

GMA Network

2 days ago

One of the authors of the 1987 Constitution believes Senators Ronald 'Bato' dela Rosa and Francis Tolentino should inhibit themselves from sitting as senator-judges after they sought to dismiss the impeachment complaint against Vice President Sara Duterte.
According to Ian Cruz's report in '24 Oras' on Thursday, lawyer Christian Monsod said the two senators must recuse themselves from the impeachment trial following statements both have made.
'I think they should, Senator Bato and Senator Tolentino, they should think about recusing themselves…The source of legitimacy is independence. If they're incapable of independent thinking, I think they should withdraw and say, you know, we're not participating,' he said.
Dela Rosa earlier called for the dismissal of the impeachment complaint even without undergoing trial.
'I respectfully move that in view of constitutional infirmities and questions on the jurisdiction and authority of the 20th Congress, the verified impeachment complaint against Vice President Sara Duterte be dismissed,' he said.
Meanwhile, Tolentino said the trial is considered 'functionally dismissed' if it extends beyond June 30.
'If we cannot conclude the trial before June 30, 2025, we must recognize this impeachment case as functionally dismissed by constitutional operation,' he said.
GMA Integrated News reached out to Tolentino for comment. Dela Rosa, on the other hand, said he will not inhibit from participating in the impeachment trial as he does not see anything wrong with their call for its dismissal.
For his part, former Integrated Bar of the Philippines national president Domingo Cayosa said the impeachment court is different from the regular courts.
'Dito ho kasi sa Senate impeachment court is a class by itself. They have their own rules,' he said.
Cayosa added that inhibiting someone from acting as senator-judge in the trial won't be easy.
'Maaari pero pagbobotohan nila 'yan ulit and it will be very contentious. Wala kasing specific provision doon, unlike the rules of court and many other rules of administrative bodies,' he said.
(They can vote on that and it will be very contentious. Because there's no specific provision on that unlike the rules of court and many other rules of administrative bodies.)
But Senate President Francis 'Chiz' Escudero said that they cannot stop anyone if he decides to inhibit from the impeachment trial.
'Desisyon nila kung magi-inhibit o magre-recuse sila. Hindi 'yan subject matter of vote…Walang ganoong klaseng procedure o proseso sa impeachment court man o sa regular court,' he said.
(That's their decision if they will inhibit or recuse. That's should not be a subject matter of vote…There's no such procedure whether in the impeachment court or in the regular court.)
In the event a senator allied with Duterte inhibits from the trial, Paulo Tamase of the University of the Philippines College of Law said, 'Ang requirement sa Saligang Batas is two-thirds of all of the members of the Senate. Majority is based on who votes, that is a rule that applies to the courts. Halimbawa, may mag-recuse na isa, 22 na lang ba bibilangin natin o out of 24. Hindi 'yan klaro sa Saligang Batas. Possible naman na may mag-recuse talaga.'
(The requirement under the Constitution is there should be two-thirds of the members of the Senate. So the majority is based on who votes and that applies to the courts. For example, someone recused, so does it mean we only have 22 out of 24. That was not clear in the Constitution. But it's really possible that someone would recuse.) —Vince Angelo Ferreras/RF, GMA Integrated News