‘No limits’ to what Senate impeachment court can do? Ex-CJ Puno says no such thing as ‘arbitrary powers’

Members of the Senate of the Philippines, led by Senate President Francis “Chiz” G. Escudero, on Tuesday, June 10, 2025 convene as an impeachment court to try the impeachment of Vice President Sara Duterte. Joseph B. Vidal, OSP/Voltaire F. Domingo, Senate Social Media Unit

MANILA — “Arbitrary powers” have no place in a democracy, former chief justice Reynato Puno said Tuesday in response to Senate President Francis “Chiz” Escudero’s remark that there were “no limits” on what the impeachment trial court can or cannot do.

Escudero made the statement on Monday following criticism that the Senate’s move to send the articles of impeachment against Vice President Sara Duterte back to the House of Representatives was unconstitutional.

“Walang limitasyon ang impeachment court kaugnay ng pwede o hindi namin puwedeng pagpasyahan," he said, adding that under the 1987 Constitution, the Senate shall have the sole power to try and decide all impeachment cases. 

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Puno, who is also chairman of the Philippine Constitution Association (Philconsa), agreed that the Senate has “primary jurisdiction” over impeachment cases and “should be given all the leeway to make its orders and resolutions.”

But he said these orders could be questioned before the Supreme Court if these violate the constitution.

“Sa demokrasya po, wala pong exercise ng arbitrary powers. There is always that principle of checks and balances,” Puno told DZMM.

“Kaya nga meron tayong Saligang Batas, yang Konstitusyon natin, ‘yan ang nagse-set ng limit sa lahat ng aksyon ng ating gobyerno… Meron din tayong probisyon d’yan, yung tinatawag na grave abuse of discretion amounting to lack of jurisdiction,” he continued.

“Kapag may grave abuse of discretion, mayroong naging pagbabali ng ating Saligang Batas, hindi pupuwede yun. Ang remedy d’yan ay pumunta sa Korte Suprema,” he said.

Asked if the Senate’s actions could be considered grave abuse of discretion, Puno said, “‘Yan ang pag-aaral ng hindi lang ng Philconsa… ‘Yan din ang sinasabi ng mga academicians, mga deans ng College of Law, mga propesor ng constitutional law at ng iba’t ibang commentaries.”

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But while the Senate move can be questioned before the Supreme Court, Puno cautioned: “Ang isang dapat pag-aralan ay kung kaagad-agad bang pupunta sa Korte Suprema ay bibilis ang takbo ng proseso sa Senate impeachment court.”

In an 18-5 vote, the Senate ordered the House to certify it had not violated the Constitution by hearing three impeachment complaints before the one that ultimately went to a vote.

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The constitution bars subjecting anyone to multiple impeachment proceedings within the same year.

The House later passed a resolution certifying that the impeachment proceedings against Duterte fully complied with the constitution, including the filings of the first three complaints.

New House members who will take their seats on June 30 must comply with one more order from the Senate impeachment court: certify that they remain willing to prosecute the case.

A guilty verdict would see Duterte removed from office and permanently barred from politics.

“Hindi naman kami nakikiaalam kung anong magiging resulta ng impeachment trial, whether it is acquittal or conviction. Ang gusto lang ng Philconsa at ng ibang grupo, pabilisan na ang proseso ng trial,” Puno said.

— With a report from Agence France-Presse 

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