Remanding VP Sara's impeachment case to House 'unnecessary' — Tito Sotto

Senator-elect Vicente "Tito" Sotto III questioned Wednesday the move of the Senate to return to the House of Representatives the articles of impeachment against Vice President Sara Duterte.

Sotto, a former Senate president, said remanding the case to the House of Representatives of the 19th Congress was "unnecessary" as the latter was the one which filed the impeachment.

"The HOR of the 20th Congress is the proper body to be asked by the Senate Impeachment Court of the 20th Congress if they so desire," Sotto told reporters in a Viber message. 

"The better term is ratification of the articles of impeachment filed by the HOR (House of Representatives) of the 19th Congress. It can be by simple resolution," Sotto added.

Sotto also pointed out that there is a presumption of regularity in the performance of official functions.

"The plenary is not supreme, the Constitution is; and ultimately, the sovereign is—the People," Sotto stressed.

He also said the declaration of unconstitutionality "is the exclusive domain of the Supreme Court, not the Senate or the impeachment court."

During a plenary session on Tuesday, Senator Ronald "Bato" dela Rosa made a motion seeking that the verified impeachment complaint against Vice President Sara Duterte be dismissed "in view of its constitutional infirmities and questions on the jurisdiction and authority of the 20th Congress."

Escudero then ruled that the impeachment court should first be convened first before acting on any motion to dismiss the impeachment complaint.

When the impeachment court was convened, senators debated on Dela Rosa's motion for hours. 

Senator-judge Alan Peter Cayetano then moved to amend Dela Rosa's motion that the articles of impeachment be returned to the House of Representatives instead 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.

The Senate, sitting as an impeachment court, eventually voted to remand to the House of Representatives the articles of impeachment, with a vote of 18 affirmative, five negative, and no abstentions.

Escudero, as the presiding officer of the impeachment court, also issued a writ of summons to Duterte, giving her a non-extendible period of 10 days from receipt of the summons to answer. 

The Office of the Vice President confirmed receipt of the writ of summons issued by the Senate impeachment court at 11:05 a.m. Wednesday. — VDV, GMA Integrated News