PHILCONSA urges SC to revisit facts, questions new rules in VP Sara impeachment ruling

The Philippine Constitution Association (Foundation) Inc. (PHILCONSA) has urged the Supreme Court to review the factual basis of its ruling on the impeachment of Vice President Sara Duterte, and expressed grave concern over the Court’s imposition of new rules.

In a statement released Sunday, PHILCONSA — through its chairman and retired Chief Justice Reynato Puno — said the Supreme Court should review “with ultra care” its findings of facts, as he said the High Court is “not a trier of facts,” and is mandated to interpret the law in cases where facts have already been established.

“We note that the cases at bar were directly filed in the Supreme Court. They involve highly contentious facts. These facts have not been fastidiously established in any trial court and affirmed by the Court of Appeals,” the statement read.

“We therefore urge the Supreme Court to review the salient facts it relied upon in its Decision to make sure the facts speak the truth, for only a Decision based on indubitable facts can stand time and its vicissitudes,” it added.

The statement also expressed grave concern on the Supreme Court’s reported imposition of seven new mandatory rules that should be followed by the House of Representatives in initiating an impeachment complaint.

According to PHILCONSA, the rules imposed by the Supreme Court tilted the balance of power in its favor, as it gifted itself the power to determine the sufficiency of evidence and the reasonableness of time given to members of the House of Representatives to reach an independent decision.

“It runs counter to the advice that in interpreting the Constitution, the role of justices is to serve strictly as umpires. They should not act as pitchers or batters in favor of any party,” it said.

“The exercise of this new power which the Court gifted itself will border the anomalous when a member of the Court becomes a respondent in an impeachment case,” it added.

The two concerns were the two same concerns raised by the House of Representatives, which they said would be the basis for the motion of reconsideration it would file with the Supreme Court.

This comes as the Supreme Court, voting unanimously, deemed that the Articles of Impeachment against Duterte are barred for a year, ruling that these violate the right to due process.

The High Court’s ruling is in relation to the consolidated petition filed by Duterte, lawyer Israelito Torreon, and others seeking to declare the Articles of Impeachment against her as null and void.

“We call on the Supreme Court to avoid the political thicket, where there are too many unknowns and unknowables and thus avoid the tyranny of intangibles,” PHILCONSA said.

“Our Constitution is based on democracy and not on the monocracy of any branch of government. It will endure only if we are able to preserve the pristine principles of separation of power, checks and balances, accountability of officials, a public office is a public trust and the sovereignty of the people from whom all powers of government emanate,” it added. —KG, GMA Integrated News