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GMA Network
10 hours ago
- Politics
- GMA Network
Azcuna: Senate action insures impeachment raps cross from 19th to 20th congresses
'I therefore find the novel and unprecedented step as an adoption of a unique but allowable procedure to insure a proper crossover of the same Articles of Impeachment from the 19th Congress to the 20th Congress,' Azcuna said. The Senate impeachment court's move to return to the House of Representatives the articles of impeachment against Vice President Sara Duterte was a unique but allowable step that "insured" the raps crossing over from the 19th to 20th congresses, retired Supreme Court Associate Justice Adolf Azcuna said on Wednesday. Azcuna issued the statement on Facebook after the impeachment court voted to return to the House of Representatives without dismissing or terminating the impeachent case until such time that: The House of Representatives certify to the non violation of Article XI, Section 3, paragraph 5 of the Constitution, which provides that 'No impeachment proceedings shall be initiated against the same official more than once within one year; include the circumstances on the filing of the first three impeachment complaints"; and The House of Representatives of the 20th Congress communicates to the Senate that it is willing and ready to pursue the impeachment complaint against the Vice President. "I first declined to comment as I find this as uncharted territory mainly for the reason that this never happened before. I then realized that this never happened before because this is the first time that an impeachment trial is caught between two Congresses and the case must cross over from one Congress to another. 'I therefore find the novel and unprecedented step as an adoption of a unique but allowable procedure to insure a proper crossover of the same Articles of Impeachment from the 19th Congress to the 20th Congress,' he added. Azcuna was also a member of the Constitutional Commission that drafted the 1987 Constitution. It was he who drafted Article XI, which dealt with the accountability of public officers, including impeachable officials. "I also wrote the procedural Section including the word 'forthwith' referring to the need for the Senate to proceed to trial after the House itself adopts by one-third or more votes a resolution of impeachment which thereby constitutes the Articles of Impeachment such that 'trial by the Senate shall forthwith proceed,' and it is precisely meant to mean immediately and without unreasonable delay or in the national language official version 'agad-agad'," Azcuna said. Eighteen senator-judges voted for the motion to return the articles of impeachment to the House. Five voted against it. The negative votes came from Minority Leader Aquilino "Koko" Pimentel III, Deputy Minority Leader Risa Hontiveros, Sen. Grace Poe, Sen. Sherwin Gatchalian, and Sen. Nancy Binay. Those who voted yes include Escudero, Dela Rosa, Sen. Robin Padilla, Sen. Christopher Lawrence "Bong" Go, Senate Majority Leader Francis Tolentino, Sen. Imee Marcos, Sen. Cynthia Villar, Sen. Mark Villar, Senate President Pro Tempore Jinggoy Estrada, Sen. JV Ejercito, Sen. Ramon Revilla Jr., Sen. Joel Villanueva, Sen. Lito Lapid, Sen. Alan Peter Cayetano, Sen. Pia Cayetano, Sen. Loren Legarda, Sen. Raffy Tulfo, and Sen. Juan Miguel Zubiri. The House on Wednesday night adopted House Resolution No. 2346, certifying that the impeachment complied with the 1987 Constitution. The plenary, however, deferred the House's acceptance of the articles of impeachment while seeking a clarification from the Senate as regards its move. "The all-important element is that the impeachment court has acquired jurisdiction over the case and is still on course to proceed to trial and decision without undue delay after the crossover," Azcuna said. Likewise, former Integrated Bar of the Philippines president Domingo Cayosa does not see anything wrong with the Senate's action. 'There is no direct or clear violation naman kasi internal proseso na nila yan. What is important is it wont delay the trial which has happened,' he said in Joseph Morong's report in '24 Oras' on Wednesday. However, Christian Monsod, who also authored the 1987 Constitution alongside Azcuna, believes that the move from the Senate only derailed the impeachment proceedings. 'Yes. Kasi that's not part of their powers. Kasi if there is a constitutionality issue, that's the Supreme Court…These people have another agenda other than obeying the mandate of the Constitution. Kasi self-executory 'yung Constitution eh,' he said. 'Nakalimutan yata nila that they are senators because the people voted them as senators, so they are senators of the people. They are not senators of Vice President Sara Duterte. Dapat mag-inhibit themselves if they have any integrity,' Monsod added. For his part, University of the Philippines College of Law assistant professor Paolo Tamase agreed that the return of impeachment articles is unconstitutional. 'Dapat ma-offend yung House. Yung remand essentially seconds guesses yung House kung ano yung ginawa nya and puts the Senate higher. Co-equal sila, nirerespeto nila yung isa't isa,' he said. (The House has the right to be offended. The remand essentially second guesses the action of the House and puts the Senate in a higher status. They should be co-equal, respecting each other.) 'Hindi naman kinukwestiyon ng Senado pag ang House nagpapasa ng bills sa kanila, kung sinunod ba ng House yung proseso nila. So bakit kinukwestiyon ng Senado ngayon kung sinunod ng House yung proseso nila sa pagpapasa ng impeachment complaint,' Tamase also said. (The Senate does not question the House if there are bills referred to them or if the House followed their process. So why does the Senate now question the House if they followed the procedure in approving an impeachment complaint.) However, Senate President Francis Escudero, who presides over the impeachment court, said that both chambers of Congress are not co-equal when it comes to the impeachment trial. 'Hindi kami pantay sa bagay na ito [...] 'Di ito parang bicam na kailangan mag-agree. Ito ay kautusan galing sa impeachment court na nakatuon sa prosecutor na isa lamang partido sa kaso,' he said. (We are not on the same level when it comes to this matter [...] This is not like a bicam wherein we should both agree. This is an order from the impeachment court that implies that there is only one party to the case.) Further, Monsod said that the 20th Congress can continue working on the impeachment trial. 'It should continue. Because ang argument ni Tolentino is that there is no quorum because unlike in the United States, there's always a quorum. 'Pag 12 lang, hindi quorum. Mali siya, right? Sabi ko, the term of office niya at tsaka those who are leaving expires at noon of June 30. And at noon of June 30, starts the term of the newly elected. So there's never only 12." (It should continue. Because Tolentino's argument is that there is no quorum unlike in the United States that there's always a quorum. If there's only 12, there's no quorum. He's wrong on that part. His term and those who are leaving expires at noon of June 30 and by then, the term of the newly-elected senators starts. So there's never only 12.) –NB, GMA Integrated News
GMA Network
4 days ago
- Politics
- GMA Network
Ex-SC justice Azcuna: Senate needs to start process for VP Sara impeachment
Senate President Francis 'Chiz' Escudero needs to get the Articles of Impeachment read to prompt the Senate's jurisdiction over Vice President Sara Duterte's case, and the 20th Congress can continue the trial, according to former Supreme Court Associate Justice Adolf Azcuna. 'All he needs is to get the Articles read to the Senate and served on the Respondent. That will trigger the Senate's jurisdiction over the case. The Senate in the 20th Congress can continue the process of proceeding with the trial,' Azcuna said in a Facebook post on Saturday. Azcuna, as member then of the 1986 Constitutional Convention, drafted Article XI of the 1987 Constitution. He said it would be a grave violation of the Constitution if the Senate of the 19th Congress dismissed the Articles by not proceeding with the trial even after receiving the impeachment case. The said dismissal may however be reversed, the former SC justice said. "[The dismissal] can be reversed by the Supreme Court or by the Senate of the 20th Congress on a proper motion for reconsideration,' he said. "It is crucial tho that someone against the dismissal must vote with the majority that votes to dismiss because only someone who voted with the majority can ask for reconsideration. Someone who will remain as Senator in the 20th Congress," Azcuna said. Lapse? Azcuna also noted that the Trial of Impeachment Cases is under Article XI on Accountability of Public Officers and not under Article VI on Legislative Power. 'The Articles of Impeachment received by the Senate in the 19th Congress will not lapse with that Congress but will be carried over to the 20th Congress because the Trial of Impeachment Cases is not a function of Legislative Power but it is a Constituent Power,' Azcuna explained. 'So it does not fall under the rule that unfinished business lapses with the outgoing Congress because the Constitution says the opposite— that the trial must 'proceed' meaning it must continue until it is finished. It cannot proceed if it is made to lapse. Since it must proceed, it follows that it does not lapse,' he added. READ: What is impeachment and how does it work in the Philippines? 'Forthwith' means 'agad-agad' Having also written the procedural Section, Azcuna said he included the word 'forthwith' referring to the need of the Senate to proceed with the trial after the House adopts a Resolution of Impeachment. 'It is precisely meant to mean immediately and without unreasonable delay or in the National language official version 'agad-agad,'' Azcuna said. He then called on the senators to 'heed the clear mandate of the Constitution' and the public to proceed with the impeachment trial. 'This too will afford the Respondent due process and the opportunity to present her side to the seven charges contained therein. And it will settle our people in the hope that democratic governance is not impossible among us,' Azcuna said. GMA News Online contacted Escudero to get his comments but it has yet to receive a reply as of posting time. Duterte was impeached by the House of Representatives in February after more than 200 congressmen endorsed the verified complaint against her. However, the Senate postponed the reading of the impeachment charges from June 2 to June 11. The impeachment complaint includes issues surrounding the use of confidential funds, unexplained wealth, and alleged involvement in extrajudicial killings in Davao City. The complaint also includes her 'assassination' remarks against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and Speaker Martin Romualdez. Escudero on Wednesday denied that an alleged Senate resolution dismissing the impeachment case against Duterte has been filed in the upper chamber. "As of last night there is no such filed or pending resolution," Escudero told reporters. Senator Ronald "Bato" dela Rosa however on Wednesday admitted that he was behind the Senate resolution seeking to dismiss the impeachment case against Duterte. —KG, GMA Integrated News
