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GMA Network
5 days ago
- Politics
- GMA Network
Senate may proceed with VP Sara impeach trial despite SC ruling — expert
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
GMA Network
10-06-2025
- Politics
- GMA Network
Ex-IBP chief: Senate can't dismiss VP Sara impeachment via resolution
Former Integrated Bar of the Philippines President (IBP) Atty. Domingo Cayosa on Tuesday said the Senate cannot dismiss the impeachment case against Vice President Sara Duterte through a Senate resolution. 'Hindi ho pwede 'yun, ano (that's not allowed),' Cayosa said on Unang Balita. Cayosa's statement comes after Senator Robin Padilla on Monday filed a resolution seeking to declare as terminated the impeachment proceedings against Duterte. In his Senate Resolution 1371, Padilla said that the 19th Congress will adjourn sine die on Friday, June 13, and thus, "all pending matters and proceedings shall terminate upon the expiration of one (1) Congress." Previously, Senator Ronald 'Bato' Dela Rosa also admitted that he was also behind a Senate resolution seeking to dismiss the impeachment case against Duterte. Dela Rosa and Padilla are known allies of the Duterte family. Cayosa, meanwhile, urged senators to maintain a semblance of impartiality in the impeachment process. "Nakakalungkot lang 'yan sapagkat malinaw naman ang kanilang role bilang hukom,' Cayosa said. (It's just unfortunate because their role as judges is clearly defined.) 'Saan ka nakakita ng sitwasyon na kung saan handang-handa ang prosecution, handang-handa ang depensa, pero 'yung hukom sasabihin nila ayaw nila?' he added. (Where have you seen a situation where the prosecution is fully prepared, the defense is fully prepared, but the judges say they don't want to proceed?) 'Impractical' Cayosa also said that it is 'impractical' to finish the trial in 19 days, as proposed by Senator Francis Tolentino. 'Sa tingin ko ho mahihirapan sila. Wag naman sana— dinelay na nga nila ito. Ngayong sinimulan, eh papaspasan naman," Cayosa said. (I think they will have a hard time. Hopefully not— they already delayed this. Now that it has started, they're rushing it.) "You know, everybody must be given due process,' added Cayosa. 'Kagagawan ho nila 'yung delay eh. So wag naman ho nila gawing rason 'yan para i-railroad kung ano man ito,' he added. (The delay was their doing, so they shouldn't use that as a reason to railroad whatever this is.) According to Cayosa, the senators should also not worry about the trial carrying over to the 20th Congress. ''Yun ho ang sinasabi ng Constitution, 'yun ho ang sinasabi ng jurisprudence, at 'yun ho ang sinusunod ng ibang impeachment courts na kagaya ng ating istraktura sa Pilipinas,' he said. (That's what the Constitution says, that's what jurisprudence says, and that's what other impeachment courts similar to our structure in the Philippines also follow.) On Monday night, Senate President Francis Escudero took his oath as presiding officer of the impeachment court in the trial of the Vice President. The rest of the senators are expected to take their oaths as senator-judges in the impeachment trial at 4 p.m. on Tuesday. —Joahna Lei Casilao/ VAL, GMA Integrated News
