Senators: No resolution filed to dismiss Sara Duterte impeach case

Senate President Francis "Chiz" Escudero on Wednesday denied that an alleged Senate resolution dismissing the impeachment case against Vice President Sara Duterte has been filed in the upper chamber.

"As of last night there is no such filed or pending resolution," Escudero told reporters. 

The document which is currently circulating on social media is allegedly seeking the declaration of Duterte's impeachment case as "de facto" dismissed "by operation of the 1987 Constitution."

It states that the 19th Congress has "no sufficient time to fully deliberate and resolve" the Articles of Impeachment against Duterte as the matter "cannot cross over to the incoming 20th Congress."

Escudero later said the supposed document is just a "scrap of paper" unless filed in the Senate. 

"Ano mang kumakalat na resolusyon na wala namang author na pinakita lang din naman sa akin ng media ay ika nga mere scrap of paper unless may mag-file niyan, unless may mag-author niyan, unless pagdebatihan ‘yan, at unless pagbotohan ‘yan,” he said. 

(Any resolution that is circulating without an author is just a scrap of paper unless someone files it, unless someone authored it, unless it's debated and unless it's voted upon.) 

"As of last night, even this morning tinanong ko dahil sa katanungan ng mga media wala pong ganyang uri o parehong resolusyon na finile o inihain sa Senado sa ngayon. Kaya wala kaming aaksuynang resolusyon pareho o kaugnay o malapit sa lumalabas ngayon," he added. 

(As of last night, even this morning, there is no resolution of any type that has been finalized or filed in the Senate at this time. So we don’t have a resolution that is similar to any that is circulating right now.)

Senate Minority Leader Aquilino "Koko" Pimentel III said there's a "big chance" that the document may be fake. 

"Flawed logic. Big chance not authentic. Even quotation of the constitutional provision is not accurate," Pimentel said. 

Senators Risa Hontiveros, Joel Villanueva, JV Ejercito, and Cynthia Villar all said they have not seen the supposed Senate resolution. 

Duterte's allies Senators Ronald "Bato" Dela Rosa and Bong Go did not immediately respond to reporters' queries regarding the document. 

On Wednesday afternoon, Go also said he has not seen the supposed resolution, but committed to find out its source. 

Asked if the so-called Duterte block in the Senate was behind the circulation of the document, he said, “Wala po akong nakitang ganon [I haven’t seen such a thing]. I’ll find out. I’ll try to trace [it].” 

‘Circulating since Monday’  

In contrast, Senate President Pro Tempore Jinggoy Estrada said he received a physical copy of the resolution, which he said has been circulating in the Senate since Monday, June 2. 

"Let’s just keep it in confidence," Estarada told reporters when asked where the document came from. 

Despite this, he emphasized that the document was just a piece of paper if it would not be filed. 

“Lalo na ngayon wala pa naman pina-file so hindi naman natin puwedeng pag-usapan na ‘yan dahil hindi naman napa-file ‘yun. That does not carry any weight,” he added.

(Especially now that it hasn’t been filed so we cannot talk about it since it’s not yet filed.) 

One of the drafts?

Meanwhile, Senator Imee Marcos said the supposed resolution was among several drafts she has encountered regarding the impeachment. 

"One of the many drafts, na iba-iba ang pakay. Parang pangatlo 'yan sa nakita ko, maraming versions, lahat ay naghahanap ng pinakamabisa at pinaka naaayon sa batas na solusyon, 'yung walang butas," Marcos said. 

(That's one of the many drafts that have different goals. It's like the third one I saw. There are many versions, and everyone is looking for the most effective and legal solution, one without loopholes.) 

To recall, the reading of impeachment raps against Duterte was moved from June 2 to June 11.

Escudero said this would allow Congress to prioritize the passage of the items in the administration's legislative agenda before the 19th Congress adjourns sine die on June 14.

Duterte was impeached by the House of Representatives on February 5, with over 200 lawmakers endorsing the complaint against her. She was accused of betrayal of public trust, culpable violation of the Constitution, graft and corruption, and other high crimes.

Unconstitutional

Manila 3rd District Representative Joel Chua, one of the House prosecutors, warned that dismissing the complaint against Duterte by a mere Senate resolution even before the impeachment court is convened is unconstitutional.

“Under the Constitution, ang trabaho ng Senate is to hear, di ba? And sa amin naman is to prosecute. So hindi ko naiisip kung paano nila i-dismiss 'yan without first conducting the trial. And that is their constitutional mandate… Well for me, that is unconstitutional,” he told reporters in an ambush interview.

(Under the Constitutiion, it is the job of the Senate to hear the complaint, right? Ours is to prosecute. So I can't imagine how would they dismiss it without first conducting the trial. And that is their constitutional mandate… Well for me, that is unconstitutional.)

“We're just performing our constitutional duty. So siyempre, kung ito naman ay babalewalain by mere resolution, tingin ko parang hindi naman maganda (Of course, if it will be ignored by a mere resolution, I don't think it will look good),” he added.

Chua said that the impeachment trial can start within 19th Congress, which ends on June 13, and continue in 20th Congress, which starts on July 28, since the Senate is a continuing body.

He was referring to the fact that only 12 out of the 24 senators are elected for a six-year term every three years, unlike members of the House who are all elected every three years for a three-year term.

“The Senate is a continuing body, unlike the House, so their duty is uninterrupted,” Chua said.

'Explain to the people'

When asked if he thought it was unfair if ever it was true that the Senate was trying to kill the impeachment proceedings, Chua replied, “They have to explain it to the people.”

Chua said the preparations of the House prosecution panel are focused on the June 11 reading of the Articles of Impeachment in the Senate, which will be done by impeachment prosecutor and Batangas 2nd District Rep. Gerville Luistro.

He said he has yet to see the supposed Senate resolution dismissing the impeachment complaint and that the House prosecution panel has not discussed this yet.

Impeachment prosecutors Reps. Lorenz Defensor of Iloilo 3rd District, Jonathan Keith Flores of Bukidnon 2nd District, and Luistro said the impeachment complaint cannot be dismissed by a mere Senate resolution.

“No. The Constitution is clear. Article XI Sec 3 Par 6, the Senate has the sole power to try and decide all impeachment cases. There is no mention at all of dismissal which means it is mandatory that they conduct a trial and thereafter decide, whether for acquittal or for conviction,” Luistro said.

“Di puwede (It can't be). Under the Constitution the Senate can acquit or convict but that presupposes that there must first be a trial. They cannot just simply dismiss it. The Constitution mandates the Senate to try the impeachment complaint filed by the HoR,” Flores said.

House Assistant Minority Leader Arlene Brosas of Gabriela party-list said the Senate's refusal to immediately convene as an impeachment court is tantamount to acquitting the Vice President without even seeing the evidence. 

"They are already absolving her, and that is what is horrifying here. No Senate President has ever done that," Brosas said. — with Llanesca Panti/VDV/AOL/VBL, GMA Integrated News