Jonathan Frederic De Santos

Employees prepare the senators' desks a few moments before the start of session at the Philippine Senate on July 22, 2019. George Calvelo, ABS-CBN News

Article (news)

RG Cruz

ABS-CBN News

<p>MANILA — Senators are passing around a proposed resolution to continue the iImpeachment trial of Vice President Sara Duterte and apply the Supreme Court ruling released last week on future impeachment trials instead.</p><p>Sens. Francis Pangilinan, Risa Hontiveros, Bam Aquino and Vicente Sotto III have so far signed the resolution for the Senate to express its &quot;profound sense&quot; that the Supreme Court consider the application of the Fairness Principle and Doctrine of Operative Facts in the context of impeachment proceedings.</p><p>They said this would ensure that actions taken based on previously established legal definitions — like when impeachment proceedings are deemed initiated — are recognized as valid, and that any new interpretations are applied prospectively.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/7/31/senate-divided-on-vp-sara-duterte-impeachment-trial-1349"><strong>Senate divided on VP Sara Duterte impeachment trial<br/></strong></a></div><p>Pangilinan told ABS-CBN News that the resolution has not been filed as it is still being routed.</p><p>&quot;We want the SC to apply the doctrine of operative fact,&quot; Pangilinan said, referring to a legal principle where actions done under a law or precedent later ruled unconstitutional are valid.</p><div><br/></div><div><strong>PANGILINAN: SENATE DUTY BOUND TO PROCEED WITH TRIAL</strong></div><p>&quot;As a Senator Judge, it is my view that at this late stage in the process of impeachment, we in the Senate are duty bound to proceed with trial as mandated by the Constitution,&quot; he said.</p><p>He said that the Supreme Court, which <a href="https://www.abs-cbn.com/news/nation/2025/7/25/supreme-court-duterte-impeachment-articles-unconstitutional-1601">ruled last week that the proceedings violated a constitutional ban</a> on initiating more than one impeachment complaint against the same official in a year, is preventing the Senate from proceeding with the trial.</p><p>&quot;In order for the country to prevent a constitutional crisis, I believe a way out of this impasse can be found in the opinion of former Justice [Adolfo] Azcuna on the doctrine of operative facts wherein a Motion for Reconsideration is filed by the House of Representatives citing the operative facts doctrine as basis. &quot;</p><p>The House has indicated <a href="https://www.abs-cbn.com/news/nation/2025/7/27/house-to-seek-reversal-of-sc-ruling-on-vp-sara-impeachment-1336">it will file a motion for reconsideration</a> of the SC&#x27;s unanimous decision.</p><p>He said the Supreme Court can reconsider its ruling and &quot;harmonize&quot; the provisions of the Constitution on &quot;the Supreme Court’s power of judicial review, the [House] power to initiate impeachment complaints and Senate’s power to try and decide Impeachment cases.&quot;</p><p>Pangilinan, a lawyer, added: &quot;It is a well established rule in constitutional constructiion that one provision of the Constitution should not be allowed to defeat another (Civil Liberties Union v. Executive Secretary).&quot;</p><p>Senate President Francis Escudero has said he believes the chamber has no choice but to obey the Supreme Court but also said <a href="https://www.abs-cbn.com/news/nation/2025/7/29/escudero-no-need-to-convene-senate-impeachment-court-after-supreme-court-ruling-on-duterte-case-1428">it will be put to a vote.</a></p><div><br/></div><div><strong>WHAT AZCUNA SAID</strong></div><p>Azcuna, in a post on social media, had appealed to the Supreme Court to apply the Fairness Principle in its decision, which he said &quot;may be legally correct but...strikes me as rather unfair. &quot;</p><p>He said the Supreme Court has &quot;crafted a new definition of what constitutes as &#x27;initiated&#x27;&quot; and used it for a complaint that had been prepared and filed based on previous jurisprudence that held that proceedings are initiated when it is included in the order of business and referred to the House justice committee.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/7/30/de-lima-diokno-criticism-of-court-decisions-part-of-democracy-1649"><strong>De Lima, Diokno: Criticism of court decisions part of democracy<br/></strong></a></div><p>&quot;This was not done to the three earlier complaints in this case,&quot; he said, adding the Supreme Court&#x27;s new definition meant complaints not yet referred to a committee and later archived would be considered “effectively dismissed.”</p><p>Azcuna said it would be unfair to apply the new definition to the Duterte case &quot;as it was precisely adopted in reliance on the Supreme Court’s then prevailing definition. &quot;</p><p>He said the SC could apply the Doctrine of Operative Facts in a supplemental resolution saying the new definition will be applied to future cases.</p><p>&quot;In this way, I respectfully submit, the people’s unwavering demand for accountability now will be served, and the trial in the Senate can still, and finally, proceed forthwith. &quot;</p><p>The draft resolution being circulated at the Senate proposes the chamber taking the position that  a reconsideration by the Supreme Court of its ruling would &quot;reconcile the constitutional provisions on the Supreme Court&#x27;s power of judicial review, the House of Representatives&#x27; power to initiate impeachment complaints, and the Senate&#x27;s power to try and decide impeachment cases.&quot;</p><div><a href="https://www.abs-cbn.com/news/nation/2025/7/28/hontiveros-aquino-pangilinan-urge-sc-to-reconsider-decision-blocking-vp-duterte-s-impeachment-1541"><strong>Hontiveros, Aquino, Pangilinan urge SC to reconsider decision blocking VP Duterte&#x27;s impeachment trial<br/></strong></a></div><p>It also proposes that doing so &quot;would ensure that all powers are given proper effect, consistent with the entrenched principle of constitutional construction established in Civil Liberties Union vs. the Executive Secretary, which states that one constitutional provision should not negate the other.&quot;</p><div><br/></div><div><strong>RELATED VIDEO</strong></div><div><strong><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/VmdDNxElpZM?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span></strong><br/></div>

<p>Sens. Francis Pangilinan, Risa Hontiveros, Bam Aquino and Vicente Sotto III have signed the resolution for the Senate to express its "profound sense" that the Supreme Court consider the application of the Fairness Principle and Doctrine of Operative Facts in the context of impeachment proceedings.</p>

Sens. Francis Pangilinan, Risa Hontiveros, Bam Aquino and Vicente Sotto III have signed the resolution for the Senate to express its "profound sense" that the Supreme Court consider the application of the Fairness Principle and Doctrine of Operative Facts in the context of impeachment proceedings.

Draft Senate resolution urges SC to apply ruling on impeachment only to future cases

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Draft Senate resolution urges SC to apply ruling on impeachment only to future cases

RG Cruz,

ABS-CBN News

Published Jul 31, 2025 06:32 PM PHT

|

Updated Aug 05, 2025 04:07 PM PHT

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Impeachment

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Francis Pangilinan

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