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Impeachment court votes to return without dismissing raps vs. VP Sara Duterte
The Senate sitting as an impeachment court on Tuesday night voted to return to the House of Representatives the articles of impeachment against Vice President Sara Duterte without dismissing or terminating them.
The motion was approved with 18 affirmative, five negative votes, and zero abstentions.
After hours of debate, Senator-judge Alan Peter Cayetano moved to amend Dela Rosa's motion–which was initially to dismiss the case–and instead made the motion that the articles of impeachment be returned to the House of Representatives without dismissing or terminating the 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.
Escudero thanked the impeachment court "for being able to engage in a lively discourse that enriched not only the records of the Senate but also the debate that is going on even beyond the halls of this chamber."
With the motion approved, there would be no more presentation of the articles of impeachment by the House prosecution panel on Wednesday.
Escudero, as the presiding officer of the impeachment court, issued a writ of summons to Sara Duterte, directing the Vice President to file her answers within 10 days.
"The chair, pursuant to Article 7 of the Impeachment Rules, which provides, upon the presentation of the Articles of Impeachment and the organization of the Senate as here and above provided, a writ of summons shall be issued to the person impeached reciting or incorporating said articles and notifying her to appear before the Senate on a day and at a place to be fixed by the Senate and named in such writ and to file her answer to the articles of impeachment within a non-extendible period of ten days from receipt thereof, to which the prosecutors may reply within a non-extendible period of five days there from and to stand to and abide by the orders and judgements of the Senate," Escudero said.
"The court, therefore, having been organized and their articles of impeachment having been referred thereto, hereby issues the Writ of Summons to Vice President Sara Zimmerman Duterte, who is directed to file her answer within a non-extendible period of ten days from receipt of the summons and the copy of the complaint, pursuant to Article 7 of the Impeachment Rules. So, ordered," he added.
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.
"Subalit nais ko rin sabihin dun sa mga dudoso at nagdududa sa loob o sa labas man ng bulwagang ito, maliwanag ang intention ng Senate impeachment court sa katatapos lamang na botohan. Walang intention na i-dismiss ang kasong ito," Escudero said.
"Ang intention ay mabigyan ng pagkakataon na ang mga prosecutors ay sumagot sa mga sa ilang itinuturing na mga katanungan nang hindi inaaksaya ang panahon ng korte at nang hindi pa hinuhusgahan ang bagay na ito," he added.
(I want to say to the doubters inside this hall and those outside, the intention of the Senate court is clear in the just finished voting. There is no intention to dismiss this case. The intention is to give the prosecutors a chance to answer questions without using the time of the court and without prejudging this case.)
"Ang ating pinagbotohan, hindi hinusgahan na lumabag ang Kamara sa one-year ban, hindi hinusgahan na ayaw na ng ika-dalawampung Kongreso ang impeachment complaint na ito kaya nga po tayo magtatanong at mag-i-issue ng order," Escudero said.
(What we voted on was not whether or not the House violated the one-year ban, nor whether the 20th Congress doesn't want the impeachment complaint, which is the reason why we are asking the question and issuing the order.)
"Again, with the issuance of the summons... I think it would be made clear that there is no such intention and that there is every intention by this impeachment court to comply with the rules at least insofar as the issuance of the summons under our Rules and during the 19th Congress," he added.
Dela Rosa, an ally of the Duterte family, even before the impeachment court convened, moved for the dismissal of the impeachment complaint against the Vice President.
“I respectfully move that in view of its constitutional infirmities and questions on the jurisdiction and authority of the 20th Congress, the verified impeachment complaint against Vice President Sara Zimmerman Duterte be dismissed,” Dela Rosa said.
Dela Rosa stated that the House of Representatives had violated the one-year ban specified in Article XI, Section 2, paragraph 5 of the Constitution.
He then questioned the issuing of summons after the impeachment case was returned to the House of Representatives.
“Technically, we don’t have any jurisdiction over the articles of impeachment,” Dela Rosa said after the voting.
Hontiveros describes Dela Rosa’s statement as a move to “dismantle” the impeachment of Duterte.
“'Yung kasasabi lang na walang jurisdiction ang impeachment trial court na ito. 'Yan ay pag amin, 'yan ang pagsisinungaling du'n sa motion na pinagbotohan lang kanina na without dismissing or terminating the complaint,” Hontiveros said.
(Saying that this impeachment trial court has no jurisdiction. That is an admission that it was a lie, the motion that was just voted on earlier on returning without dismissing or terminating the complaint.) –NB, GMA Integrated News
