SC may opt out of ruling on impeachment: Pimentel | ABS-CBN
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SC may opt out of ruling on impeachment: Pimentel
Senators bow their heads in prayer during the opening of the 2nd Regular Session of the 18th Congress on July 27, 2020. Henzberg Austria, Senate PRIB/file
Senators bow their heads in prayer during the opening of the 2nd Regular Session of the 18th Congress on July 27, 2020. Henzberg Austria, Senate PRIB/file MANILA — Outgoing Senate Minority Leader Aquilino "Koko" Pimentel III believes the Supreme Court may choose not to rule on whether or not the impeachment trial of Vice President Sara Duterte would be tackled in the 20th Congress despite being initiated in the 19th Congress.
MANILA — Outgoing Senate Minority Leader Aquilino "Koko" Pimentel III believes the Supreme Court may choose not to rule on whether or not the impeachment trial of Vice President Sara Duterte would be tackled in the 20th Congress despite being initiated in the 19th Congress.
"Pwedeng maakyat pero hindi pa ngayon. Premature pa. Pero no assurance na patulan ng SC ang issue because the issue has great portion as political in nature," Pimentel told a group chat with Senate reporters.
"Pwedeng maakyat pero hindi pa ngayon. Premature pa. Pero no assurance na patulan ng SC ang issue because the issue has great portion as political in nature," Pimentel told a group chat with Senate reporters.
During the plenary session on Monday, June 2, Senate Deputy Minority Leader Risa Hontiveros cited then-United States President Bill Clinton's impeachment trial.
During the plenary session on Monday, June 2, Senate Deputy Minority Leader Risa Hontiveros cited then-United States President Bill Clinton's impeachment trial.
"The impeachment of President Clinton was presented to the Senate after the Senate had adjourned Sine die. After, Mr. President, the Senate had adjourned Sine die for the 105th Congress. And the Senate conducted the trial in the 106th Congress, Mr. President," she added.
"The impeachment of President Clinton was presented to the Senate after the Senate had adjourned Sine die. After, Mr. President, the Senate had adjourned Sine die for the 105th Congress. And the Senate conducted the trial in the 106th Congress, Mr. President," she added.
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Clinton was impeached by US House of Representatives in Dec. 1998, during its 105th Congress. The impeachment trial in the Senate took place during the 106th Congress, from January to February 1999.
Clinton was impeached by US House of Representatives in Dec. 1998, during its 105th Congress. The impeachment trial in the Senate took place during the 106th Congress, from January to February 1999.
"And with one very recent concrete example po dun sa impeachment ni US President Clinton. So I hope that we can consider this in our own decision-making, Mr. President, even after the rescheduled presentation by the House prosecutors to the Senate as an impeachment court on 11th June," she said.
"And with one very recent concrete example po dun sa impeachment ni US President Clinton. So I hope that we can consider this in our own decision-making, Mr. President, even after the rescheduled presentation by the House prosecutors to the Senate as an impeachment court on 11th June," she said.
Sen. Francis Tolentino, however, argued the impeachment trial cannot transcend Congresses as the Senate loses its quorum during congressional transitions because "only 12 senators will remain after each election."
Sen. Francis Tolentino, however, argued the impeachment trial cannot transcend Congresses as the Senate loses its quorum during congressional transitions because "only 12 senators will remain after each election."
"If we cannot conclude the trial before June 30, 2025, we must recognize this impeachment case is functionally dismissed by constitutional operation and no action can be taken by the 20th Congress on the matter for lack of constitutional authority," he said.
"If we cannot conclude the trial before June 30, 2025, we must recognize this impeachment case is functionally dismissed by constitutional operation and no action can be taken by the 20th Congress on the matter for lack of constitutional authority," he said.
Tolentino explained that this is different from the US Senate, where only 33 out of 100 senators are replaced every election. So the quorum, 66, is attained even during congressional transitions.
Tolentino explained that this is different from the US Senate, where only 33 out of 100 senators are replaced every election. So the quorum, 66, is attained even during congressional transitions.
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The 2025 midterm elections, however, produced five senators reelected to continue in the 20th Congress, aside from the 12 senators with remaining years in the upper chamber. This equals to 17 remaining senators, higher than the needed two-thirds for quorum.
The 2025 midterm elections, however, produced five senators reelected to continue in the 20th Congress, aside from the 12 senators with remaining years in the upper chamber. This equals to 17 remaining senators, higher than the needed two-thirds for quorum.
"But be that as it may, Mr. President, we have all the discussions done and I think this would really be part not just of the discussions that whatever case would be elevated to the Supreme Court would eventually be decided in the near term," Tolentino said.
"But be that as it may, Mr. President, we have all the discussions done and I think this would really be part not just of the discussions that whatever case would be elevated to the Supreme Court would eventually be decided in the near term," Tolentino said.
Pimentel underscored that the Constitution does not explicitly say that impeachment trials may or may not be carried over to the next Congress.
Pimentel underscored that the Constitution does not explicitly say that impeachment trials may or may not be carried over to the next Congress.
"Mr. President, I will respond directly to the question. Wala po nakasulat doon that it shall carryover. Pero binanggit ko sa aking manifestation, wala talaga rin nakasulat doon that it cannot cross over. So in effect, let us say textually, both positions are not even mentioned or entertained in the Constitution," Pimentel noted.
"Mr. President, I will respond directly to the question. Wala po nakasulat doon that it shall carryover. Pero binanggit ko sa aking manifestation, wala talaga rin nakasulat doon that it cannot cross over. So in effect, let us say textually, both positions are not even mentioned or entertained in the Constitution," Pimentel noted.
When Pimentel challenged Escudero's revision of the timetable for the impeachment, the Senate President maintained he is authorized to do so, as the Senate was on recess at that time.
When Pimentel challenged Escudero's revision of the timetable for the impeachment, the Senate President maintained he is authorized to do so, as the Senate was on recess at that time.
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"Article 1 of the impeachment rules which says that the Senate President can set the date for the presentation of the articles of impeachment. Mention was made specifically of the Senate President. And also we were on recess. So the Senate President at that time, Your Honor, issued a suggested calendar of activities. I was very clear when I stated that. Subject to plenary approval when we resume because you were already on recess at that time," said Escudero
"Article 1 of the impeachment rules which says that the Senate President can set the date for the presentation of the articles of impeachment. Mention was made specifically of the Senate President. And also we were on recess. So the Senate President at that time, Your Honor, issued a suggested calendar of activities. I was very clear when I stated that. Subject to plenary approval when we resume because you were already on recess at that time," said Escudero
The Senate chief maintained the articles will be read on June 11, unless the plenary decides otherwise.
The Senate chief maintained the articles will be read on June 11, unless the plenary decides otherwise.
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