Sara Duterte impeachment trial ‘in limbo’ after Senate returns case to House: expert

The Senate discusses a proposal to convene as an impeachment court to hear the case against Vice President Sara Duterte.  Voltaire F. Domingo, Senate Social Media Unit/Joseph B. Vidal, OSP

MANILA — Vice President Sara Duterte’s impeachment trial is facing uncertainties after the Senate decided to return the case to the House of Representatives to address alleged constitutional infirmities — a move which a legal expert said Wednesday was “alarming.”

Eighteen senators on Tuesday voted in favor of the motion to remand the articles of impeachment to the House until it can certify its non-violation of the constitution and the House of the 20th Congress can confirm that it still wants to pursue the impeachment trial.

Senate returns Sara Duterte impeachment to House; insists case not junked

“It is in limbo… Ang inaasahan natin matuloy pa rin yung trial, pero nakikita naman natin yung pattern ngayon na hanggang may magagamit na dahilan to delay, dini-delay,” said Michael Tiu, Jr. an assistant professor of the University of the Philippines (UP) College of Law.

“Nakakapagtataka at in fact, nakakabahala itong pag-remand na ito,” Tiu said. “Walang constitutional basis ‘yan.” 

Tiu said the Senate’s “unprecedented” move lacked basis in the constitution because it mandates the chamber to act on the articles of impeachment after receiving it from the House.

He added that the two chambers are constitutionally equal bodies with exclusive impeachment powers: only the House can initiate impeachment cases, which the Senate would try and decide. The Senate has no authority to “second-guess” the House, he said.

“Parang hindi nagmi-make sense na ibinababa pa siya, kasi among sasabihin ng House of Representatives dito—ini-violate namin ang constitution?” Tiu said. “It’s a disrespect actually of the House of Representatives.”

“Bakit naman sasabihin ng House of Representatives na unconstitutional ang kanilang ginawa. Hindi nila gagawin ‘yun. Pangalawa, wala rin naman basis. The transmittal of the articles of impeachment itself is the certification from the House na ginawa nila ang kanilang tungkulin, in-exercise nila ang kanilang kapangyarihan and everything is in order,” he added.

'Unconstitutional': Senate’s 'return' of Sara impeachment complaint to House draws brickbats

In an interview on ANC, UP Law assistant professor Paolo Tamase also said that the impeachment tribunal’s remanding of the complaint to the House was “unconstitutional” and that it violates the “constitutional structure” because “it seems to make the Senate the supervisor of the House.”

He believes the House can reject the remanding of the articles of impeachment, “but the practical action might be for the House to comply, but complied with indication that they found this act to be offensive.”

“This doesn’t stop the House from protesting how this violates the co-equality between the Senate and the House,” he said.

The Senate’s act of returning the impeachment case to the House, although assuring it did not dismiss nor terminate the trial, is “dangerous,” Tamase said.

He explained that the 1987 Constitution lays out “very orderly process of the House getting the first dibs at the question of whether a high official violated or committed impeachable offenses and then the Senate gets a term to try and decide that question” as it recognizes how “politically charged” impeachments are.

“What the Senate does is to open the door to future impeachments where you have the Senate and the House playing ping pong with each other. That’s precisely why in this limbo now,” Tamase said.

CAN HOUSE REJECT SENATE MOVE? 

The House impeached Duterte in early February on charges of graft, corruption and an alleged assassination plot against one-time ally and former running mate President Ferdinand Marcos. A conviction, which requires the support of two-thirds of the Senate's 24 members, would mean her removal as vice president and a permanent ban from public office.

But just hours after senators had taken their oaths as jurors on Tuesday, Sen. Ronald dela Rosa introduced a motion to dismiss the impeachment case.

He argued that earlier complaints filed against Duterte in the House, which did not make it past the committee level, had constituted multiple impeachment proceedings within a year, something banned under the Philippine constitution.

The motion was later amended in favor of sending the case back to the House, which must now certify that it did not violate the constitution and that it remains willing to prosecute the case when its new members take their seats on June 30.

Asked whether the House could refuse to take back the impeachment case, UP College of Law Assistant Professor Paolo Tamase said, “If you want a legal answer, I think they can. it’s unconstitutional act so they can reject it.”

“But the practical action might be for the House to comply, but comply with an indication that they found this act to be offensive. This doesn’t stop the House from protesting how this violates the co-equality between the Senate and the House,” he told ANC. 

At least two lawmakers said the House would meet on Wednesday morning to decide its next steps.

Those pushing for the impeachment trial can also raise the issue before the Supreme Court and exert public pressure on the senators, Tiu said. 

“We can communicate to our senator-judges na ito ang view ng taongbayan kasi constituent tayo ng mga ‘yan. Tayo yung kanilang dapat pinagsisilbihan,” he said.

“Invested dapat ang taongbayan dito… You can call your senator-judges.”