Senate dismissal of Sara impeachment without trial unconstitutional — Monsod
The Senate cannot legally dismiss the impeachment case against Vice President Sara Duterte without a trial, one of the framers of the 1987 Constitution said Thursday.
Interviewed on Dobol B TV, constitutionalist Atty. Christian Monson said dismissing the Duterte impeachment would violate the Charter.
"Hindi (No). That's because under the Constitution, it is the duty of the Senate to hear the case. So that's not hearing the case when you entertain a motion to dismiss," Monsoda said.
Senator Ronald "Bato" dela Rosa on Wednesday said he and other senators are working on their drafts of a Senate resolution seeking to dismiss the impeachment case against Duterte.
Asked if senators can make a vote on such a resolution, Monsod said, "In other words, the majority of the Senate can stop the impeachment proceedings—Hindi puwede 'yun (This is not allowed) because they have a duty to conduct the hearing under the Constitution. They are violating the Constitution."
20th Congress
Last Monday, Senator Francis Tolentino said the impeachment case against Duterte would be considered "functionally dismissed" if the Senate impeachment court is unable to finish the trial before June 30, which is the end of the 19th Congress.
Senate President Francis "Chiz" Escudero on Wednesday said the senators will vote if Duterte's impeachment trial is already considered dead by that time or will be carried over to the 20th Congress.
However, Monsod said Duterte's impeachment case can continue in the 20th Congress because the Senate is a continuing body.
"Wala namang issue 'yun, continuing body naman 'yung Senate (That is not an issue. The Senate is a continuing body). What technicality are they talking about?" Monsod said.
"If they want technicality, you know, on the noon of June 30 when the outgoing senators leave, at that exact moment, the incoming 12 assume office. So actually if you look at technicalities, there is no time at which there are no 24 senators," he added.
The House of Representatives impeached Duterte on February 5, with over 200 lawmakers endorsing the complaint against her.
On the same day, the impeachment complaint, which constitutes the Articles of Impeachment, was transmitted to the Senate. The upper chamber, however, adjourned without addressing the case.
On February 25, Escudero said the processes related to Duterte's impeachment trial would start on June 2.
Last week, however, Escudero said the presentation of the Articles of Impeachment before the Senate was moved to June 11 to prioritize the passage of the items in the administration's legislative agenda before the end of 19th Congress.
Redress with Supreme Court
Monsod warned that concerned parties would seek redress with the Supreme Court should senators commit abuse of discretion.
"If there is really, on the part of the senators, abuse of discretion, then we'll go to the Supreme Court," Monsod said.
"Kapag hininto nila o dinismiss nila 'yun, may abuse of discretion 'yun. Abangan natin kung anong gagawin nila kasi si Senate President Escudero, he's a smooth talker. Nagshi-shift siya ng position. Let's see what happens," he added.
(When they stopped or dismissed it, it was an abuse of discretion. Let's see what they will do because Senate President Escudero, he's a smooth talker. He has been shifting his position. Let's see what happens.)
Conflict of interest?
Meanwhile, Monsod said Escudero and Tolentino should consider recusing themselves from Duterte's impeachment case due to probable bias and conflict of interest.
"Senator Bato and Tolentino, they should think about recusing themselves. What is recusing? We're not participating on the ground of probable bias or conflict of interest," Monsod said.
"When they act as a judge, the source of legitimacy is independence. If they're incapable of independent thinking, I think they should withdraw and say we're not participating," he added.
Duterte is accused of betrayal of public trust, culpable violation of the constitution, graft and corruption, and other high crimes.
The Vice President has denied the allegations. — VDV, GMA Integrated News
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