Proceed with VP Sara trial despite SC decision? Senators weigh in

Several senators on Saturday expressed their views on whether or not to proceed with the impeachment trial of Vice President Sara Duterte following the Supreme Court's decision declaring the Articles of Impeachment against her as unconstitutional.

In a message to reporters, Senator Juan Miguel "Migz" Zubiri warned that the Senate may be held in contempt should it proceed with the trial.

"We may be courting a contempt order from the Supreme Court and a possible constitutional crisis, not to mention a dangerous precedent, should we proceed with the impeachment trial in defiance of a unanimous en banc ruling of the High Court," Zubiri said.

"Ignoring the SC decision is tantamount to eroding the very principle of 'judicial review' established in Angara v. Electoral Commission, 63 Phil. 139 (1936), and in turn, endangers the delicate system of checks and balances that is foundational to our democracy. Whether we agree with the decision or not, the Supreme Court remains as the final arbiter of constitutional issues—lest we destabilize the very framework of government," he said.

"Respect and honor the Supreme Court of the Republic. PERIOD," Zubiri added.

Interviewed on Saturday morning, Senator Risa Hontiveros noted that more than a few of her colleagues in the Senate were dismayed with the Supreme Court ruling.

Asked if there was still a chance for the impeachment trial to proceed this year, Hontiveros said, "Laging may pag-asa (There's always hope)."

"Well, abangan natin. Nababalitaan ko may mga nagco-consider mag-file ng motion for reconsideration. May mga wise na mga column at sulat na inilalabas, payo, kung paano puwede pa ring sa diwa ng pagrespeto sa Korte Suprema, pero puwede pa ring salbahin yung proseso ng impeachment," Hontiveros said. 

(Well, let's see. I hear that there are those who are considering to file a motion for reconsideration. Wise columns and letters, advice, have come out, on respecting the Supreme Court while saving the impeachment process.)

The high tribunal ruled unanimously, deeming that the Articles of Impeachment against Duterte is barred by the one-year rule under Article XI Section 3 paragraph 5 of the Constitution. Moreover, magistrates ruled that the articles violate the right to due process.

The SC also said the Senate cannot acquire jurisdiction over the impeachment proceedings.

Upcoming discussion

Senator Erwin Tulfo said that while he respects the high court's decision, the Constitution gives the upper chamber the sole authority to try and decide on all impeachment cases.

"I respect the ruling of the Supreme Court and its interpretation of the constitutional limits that guide the impeachment process. Nonetheless, the Constitution is clear: the Senate shall have the sole power to try and decide all cases of impeachment," Tulfo said.

"If given the opportunity, I am prepared to discharge our solemn duty and allow the evidence to speak for itself… I will act with my fellow Senators in upholding our constitutional mandate with integrity and fairness," Tulfo said.

Tulfo said senators will have a discussion on Monday, July 28, if the chamber will oblige with or ignore the SC's ruling.

His brother, Senator Raffy Tulfo, said, ''While I have been ready to perform my constitutional mandate as a judge in the impeachment court, I likewise respect the mandate of the Supreme Court to determine if certain actions or processes of the other branches of government went beyond or against the provisions of our Constitution.''

Call to proceed

Following the announcement of the SC decision on Friday afternoon, Senator Bam Aquino had maintained that 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.

However, Senator Ping Lacson, in a post on X, said the Senate must respect and comply with the SC's ruling, "notwithstanding the contrary opinions of several legal observers, particularly on the Court’s interpretation of Art XI Section 3, paragraph (4) - that the filing of a verified complaint by at least 1/3 of all the members of the House of Representatives shall constitute the Articles of Impeachment and trial by the Senate shall forthwith proceed."

Senator Christopher "Bong" Go, likewise, said that “we must respect and abide by the decision of the Supreme Court, as the final arbiter on legal issues, barring the current impeachment proceedings on the grounds of due process.”

Go said the SC’s decision already shed light on the constitutionality of four consecutive impeachment complaints in one year.

“Magkapareho po ang prinsipyo na aking sinabi noon sa kinalabasan ngayon—- na dapat hindi na-circumvent ang batas, dapat nasunod ang due process at ang rules. Justice delayed is justice denied. And justice conducted the wrong way is no justice at all. Hindi pwede ang shortcut!” Go said.

(The principle that I said before is the same as the outcome today—that the law should not be circumvented, due process and the rules should be followed. Justice delayed is justice denied. And justice conducted the wrong way is no justice at all. Shortcuts are not allowed.)

Interviewed on Super Radyo dzBB on Saturday, constitutional law expert Atty. Domingo "Egon" Cayosa said the Senate may opt to proceed with Duterte’s trial despite the SC’s decision should the legislature assert its "exclusive power" with regard to impeachment matters. 

Article XI Section 3(4) of the 1987 Constitution states that: "In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed."  

Constitutional duty

Senator Francis "Kiko" Pangilinan said that should the Senate proceed with the trial, a constitutional crisis may still be avoided.

"I believe a way out of this impasse can be found in the opinion of former Justice [Adolf] Azcuna on the doctrine of operative facts wherein a Motion for Reconsideration is filed by the House of Representatives citing the operative facts doctrine as basis,'' he said.

"The Supreme Court may then reconsider its ruling and if so, the Constitutional duty for the Senate to forthwith proceed with trial can be observed and respected. In doing so, several provisions of the Constitution namely the Supreme Court's power of judicial review, the HoR (House of Represenatives) power to initiate impeachment complaints and Senate's power to try and decide Impeachment cases are harmonised and all three are given validity and legal effect as it ought to. It is a well established rule in constitutional construction that one provision of the Constitution should not be allowed to defeat another (Civil Liberties Union v. Executive Secretary)," Pangilinan said.

To recall, when the Senate impeachment court first convened on June 10, Senator Ronald "Bato" dela Rosa made a motion in the Senate plenary seeking that the verified impeachment complaint against Duterte be dismissed.

Senator Alan Peter Cayetano later that day moved to amend Dela Rosa's motion to instead have the Articles of Impeachment returned to the House of Representatives without dismissing or terminating the case.

In a video message, Cayetano said on Saturday, “In the past yung decision ng SC ilang beses na about impeachment tinanggap natin ‘yan eh, pati yung interpretation ng ano yung once a year.

“So if this enriches our jurisprudence, and wala naman itong conflict sa mga nauna, nagtataka ako bakit may ganoong reaction. We have to talk about everything in two contexts. One, nation-building. Number two, aligning kung anong gusto ng Panginoon sa ating bansa.''

(In the past, we have accepted the SC's decision several times about impeachment, including the interpretation of what is one impeachment proceeding per year. So if this enriches our jurisprudence, and there is no conflict with the previous ones, I wonder why there is such a reaction [against the ruling]. We have to talk about everything in two contexts. One, nation-building. Number two, aligning what the Lord wants for our country.)

The House of Representatives impeached Duterte on February 5, with over 200 lawmakers endorsing the complaint. The Vice President was accused of betrayal of public trust, culpable violation of the constitution, graft and corruption, and other high crimes.

Duterte, meanwhile, entered a "not guilty" plea in the verified impeachment complaint filed against her, which she called a "scrap of paper." — VDV/VBL, GMA Integrated News