Senate may proceed with VP Sara impeach trial despite SC ruling — expert

GMA Network

2 days ago

Constitutional law expert Atty. Domingo "Egon" Cayosa said Saturday the Senate may opt to proceed with the trial of Vice President Sara Duterte even though the Supreme Court ruled that the Articles of Impeachment against her violated the Constitution.
Cayosa, a former president of the Integrated Bar of the Philippines (IBP), said the legislative may assert its "exclusive power" with regard to impeachment matters.
What remains to be seen, Cayosa said, is the senators' actions and if they have the numbers to set the trial in motion.
"It is now for the legislative branch of government to defer to that ruling, o kaya if they have political will and numbers, maaari nilang ituloy. Sapagkat malinaw naman sa Konstitusyon, pagdating sa impeachment, that is the sole power of the legislative branch," Cayosa said.
(It is now for the legislative branch of government to defer to that ruling, or if they have the political will and numbers, they can proceed with the impeachment trial. The Constitution is clear that when it comes to impeachment, that is the sole power of the legislative branch.)
Voting 13-0, the Supreme Court deemed that the Articles of Impeachment against Duterte are barred by the one-year rule. The high court also found that the articles violated the right to due process.
The SC decision is immediately executory but a motion for reconsideration may be filed.
Asked if the Senate and House of Representatives can opt not to comply with the SC ruling, Cayosa said: "Puwede kung igigiit nila 'yung kanilang exclusive power sa proseso ng impeachment. Of course, 'yung iba, sinasabi mag-defer na lang diyan sa Supreme Court. But malinaw ho kasi ang Constitution pagdating sa impeachment, it is for the Senate to decide, 'yan ang impeachment court."
(They can do that if they assert their exclusive power with regard to the impeachment process. Of course, others suggest to defer to the Supreme Court. But the Constitution is clear that when it comes to impeachment, it is for the Senate to decide, and that is the Senate impeachment court.)
"Insofar as some people think there is judicial overreach, eh maaari naman yang i-disregard ng Senado at ituloy (Insofar as some people think there is judicial overreach, the Senate can disregard the decision and proceed with the trial)," Cayosa said.
The former IBP president said the Supreme Court itself recognizes that the Senate impeachment court is sui generis, meaning it operates uniquely and independently on its own.
"They have all the leeway. So maaari ho nilang gawin iyon, at maiintindihan natin. (So we understand that they can proceed with that.) But that all depends if they have the political will or the numbers to proceed with the impeachment trial," Cayosa said.
Following the announcement of the SC decision on Friday afternoon, senators aired contrasting views on the matter.
With regard to proceeding with the trial despite the SC decision, Senator Bam Aquino said the impeachment trial should proceed as he called on fellow senators to immediately hold a caucus to discuss the decision, which he said "ignored" the Senate's constitutional duty.
Senator Vicente "Tito" Sotto III, for his part, said that he is still studying the SC decision and is seeking advice on the matter.
"Being a member of the impeachment court, I would rather hear what the [House of Representatives] has to say. I was just told by a legal luminary that in this situation, we can disregard the SC decision. Let me study that advice," Sotto said. — VDV, GMA Integrated News