2 days ago
Philconsa: Return order for Sara impeach case raises constitutional concerns
The Philippine Constitution Association (Philconsa) has called out the Senate, sitting as an impeachment court, for returning the impeachment complaint against Vice President Sara Duterte back to the House of Representatives.
In a statement, Philconsa chairperson and former Supreme Court chief justice Reynato Puno said the impeachment court's move raises constitutional concerns.
'This action raises grave constitutional questions and challenges the integrity of the impeachment process. PhilConsa warns that it may constitute grave abuse of discretion and risks undermining the most fundamental principle of our constitutional democracy: that Public Office is a Public Trust,' he said.
'The Accountability of Public Officials cannot be overstressed — and must never be evaded through procedural artifice,' he added.
Puno said the constitutional concerns from court's order are the following:
Grave Abuse of Discretion — Whether the Senate unlawfully suspended its jurisdiction already validly acquired as an Impeachment Court.
Encroachment on the House's Exclusive Power — Whether requiring the House to certify compliance with the one-year ban infringes upon the House's sole prerogative under Article XI, Section 3 of the Constitution.
Circumlocutory Delay — Whether imposing novel requirements not found in the Constitution or Senate Rules constitutes a circumlocutory device designed to delay or defeat the trial.
Due Process and Impartiality — Whether raising possible defenses on behalf of the Respondent compromises the impartiality of the Senate as an Impeachment Court.
Fundamental Question of Law — Is the mere lack of certification from the House of Representatives sufficient to justify remand of the case and suspension of trial? PhilConsa submits that no such requirement exists under the Constitution or established impeachment practice. To create such a requirement ex post facto undermines both the separation of powers and the rule of law.
Puno pointed out that the Senate cannot lose or suspend its jurisdiction as an impeachment court by mere procedural acts.
'As the Supreme Court held: 'Jurisdiction, once validly acquired, is not lost by subsequent happenings. It continues until the case is finally resolved or dismissed (Republic v. Sandiganbayan, G.R. No. 115748, Feb. 3, 1997),' Puno said.
'This principle of continuing jurisdiction applies with full force to the Impeachment Court — a doctrine reinforced by established practice, including the Clinton Impeachment trial before the US Senate, whose model our own impeachment process follows,' he added.
Puno said that impeachment, as the people's mechanism to enforce accountability of public officials, must not be thwarted by 'procedural invention' or 'partisan maneuver.'
'PhilConsa calls upon the Senate to uphold its constitutional duty and proceed with the impeachment trial in accordance with the Constitution and the rule of law. Any act or device that circumvents this duty gravely imperils our democratic institutions,' Puno said.
'The Filipino people are watching. The Constitution commands it,' he added.
On Tuesday evening, the Senate as an impeachment court voted to return to the House of Representatives the Articles of Impeachment against Duterte without dismissing or terminating them.
The motion was approved with 18 affirmative, five negative votes, and zero abstentions.
Duterte was impeached by the House on February 5 with more than 200 congressmen endorsing the verified complaint against her.
The Vice President stands accused of betrayal of public trust, culpable violation of the Constitution, graft and corruption, and other high crimes.
Duterte has denied the allegations. — RSJ, GMA Integrated News
