Constitutional expert Christian Monsod weighs in on proposals to amend the 1987 Constitution, August 25, 2022. Albert Calvelo, Senate PRIB/File

MANILA — One of the framers of the 1987 Constitution on Wednesday said the Senate is mandated to try impeached Vice President Sara Duterte instead of looking into whether or not the House of Representatives followed rules.

Lawyer Christian Monsod said the impeachment complaint's constitutionality "is not for the Senate to look into."

"That is an issue that the Supreme Court to determine if there has been grave abuse of discretion on any branch or instrumentality of government that amounts to lack or excess of jurisdiction," Monsod told ANC. 

"Parang tinatanong ng Senate sa House is your charge, yung complaint ninyo, is it constitutional? That’s not their job, that is not their responsibility. That is to be decided by the Supreme Court," he said.

Sen. Ronald dela Rosa on Tuesday had 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.

Eighteen senators voted in favor of the motion to remand the impeachment 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.

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

But Monsod said the Senate is supposed to conduct the trial after the House of Representatives transmitted the articles of impeachment.

"Nakakalimutan yata nila, they are the senators of the people, it is the people who voted them as senators. They are not senators for Duterte, they are senators for the people," he said. 

House can reject Duterte impeachment case sent back by Senate: expert

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 Jr. 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.

Sen. Risa Hontiveros, who opposed Dela Rosa's motion, warned Tuesday that returning the case to the lower body was an abrogation of responsibility that would see it ultimately disappear.

"Remanding is a functional dismissal," she said, later adding the impeachment complaint was "being dismantled brick by brick".

Supreme Court asked to prevent continuation of impeachment from 19th to 20th Congress

Senate President Francis Escudero, however, insisted there was no such motive behind the body's decision.

"The intention is to give the prosecutors an opportunity to answer certain questions in a manner that does not waste the time of the court," he said.

Following the vote, Escudero issued a summons for the vice president, who will have 10 days from its receipt to answer the impeachment charges.

'Not co-equal': Escudero says House cannot defy impeachment court's orders