Risa, Kiko, Bam urge SC to reconsider ruling on VP Sara impeachment

Senators Risa Hontiveros, Francis “Kiko” Pangilinan, and Bam Aquino on Monday called on the Supreme Court (SC) to reconsider its decision declaring the Articles of Impeachment against Vice President Sara Duterte as unconstitutional.

The three senators disagreed with the high court's decision, which stated that the Senate lacked jurisdiction over the impeachment proceedings because the complaint was declared null and void.

“Congress, acting in good faith and following prevailing jurisprudence, followed the law in initiating and transmitting the complaint. To retroactively apply a new definition of what it means to 'initiate' an impeachment case—after the fact—can be likened to changing the rules in the middle of the game. It is unfair,” the senators said in a joint statement.

Voting 13-0, the SC deemed that the Articles of Impeachment against Duterte are barred by the one-year rule. The high court also found that the articles violated the right to due process.

The SC decision is immediately executory, but a motion for reconsideration may be filed.

Hontiveros, Pangilinan, and Aquino asked the high court to reconsider and apply the Fairness Principle, which states “that retroactive application of new legal interpretations should not harm those who relied in good faith on old ones.”

The lawmakers also asked the SC to uphold the Doctrine of Operative Fact, which recognizes “that actions already taken under a prior, valid interpretation should be recognized as legally effective.”

“In doing so, the Court would not be undermining its power of review, but rather giving full effect to all branches of government, consistent with the doctrine established in Civil Liberties Union vs. Executive Secretary—that no constitutional provision should be read in a way that negates another. The powers of the Court, the House of Representatives, and the Senate must all be given proper and balanced effect,” they said. 

The senators also called on Filipinos, on every institution that still believes in accountability, and on the SC to “harmonize the seemingly conflicting provisions of the Constitution on judicial review and the exclusive powers of Congress.”

“We did not swear an oath only to protect positions by way of technicalities. We swore to protect the Constitution—and the right of every Filipino to demand truth and justice. If we allow this precedent to stand, we risk silencing the very process meant to keep power in check,” they added. 

Pangilinan and Aquino on Monday officially joined the Senate majority bloc by voting in favor of Senator Francis Escudero to remain as Senate president. Hontiveros is still in the minority bloc with Senator Vicente “Tito” Sotto III as the new leader.

The Senate impeachment court is set to vote on whether to proceed with the trial after receiving the SC decision, according to spokesperson Regie Tongol. —VBL, GMA Integrated News