Julia Christine Botin

'Archiving vs dismissal': Why Lacson challenged Marcoleta's motion to dismiss impeachment complaint

Article (news)

David Dizon

ABS-CBN News

Sen. Panfilo Lacson on Thursday said he would have voted for Sen. Rodante Marcoleta’s motion to archive the impeachment complaint against Vice President Sara Duterte had there not been a motion for reconsideration questioning the Supreme Court ruling calling the complaint unconstitutional.Speaking to radio DZMM, Lacson said he understands the SC’s decision that the complaint was void ab initio but noted that waiting for the High Court’s final ruling on the MR does not mean the Senate is disobeying the Court.“When we say table, we suspend consideration on the motion. This means we comply with the Supreme Court ruling but do not preempt the final ruling on the motion for reconsideration…If we do not act, we still obey the [Supreme Court] because we did not proceed to try the case. At the same time, we do not preempt if they reverse the ruling,” he explained.A total of 19 senators rejected Sen. Tito Sotto’s motion to table Marcoleta’s motion, and voted yes to Marcoleta’s motion to archive the complaint.In the interview, Lacson said he takes pride in the fact that he questioned Marcoleta’s motion to outright dismiss the complaint instead of archiving it, since this was not included in the Senate’s rules. This led to a change in the motion from dismissal to archiving the complaint.“‘Yun lang ang consolation ko dun. Kung di ko na raise ‘yung question, baka ang napagbotohan ay motion to dismiss,” he said.He added: “What is the implication if nanalo, at malamang manalo, ‘yung motion to dismiss? Pwedeng sabihin ng Senado, halimbawa ‘yung Supreme Court nag rule na, ‘Sige, granted ‘yung MR ng House of Representatives. Pwede mag proceed ang Senado.’ Sasabihin ng mga kasama natin: ‘Hindi. Moot and academic na ‘yan dahil dinismiss na natin.’”“If we don’t revive, that’s when we have disobeyed the ruling assuming they reverse their decision.”Lacson said Marcoleta’s explanation on his motion to dismiss was speculative after the latter reasoned out that the Supreme Court is unlikely to reverse its ruling because the decision was unanimous.Lacson noted the Supreme Court’s request for Vice President Sara Duterte to give a reply to the MR means that “they read the MR and found merit in the Solicitor General’s comment.”“That does not happen,” he said, adding that some lawyers have pointed out the Court could have dismissed the MR with a minute resolution without explanation. He added the Court also needs to reconsider its decision after Sotto pointed out there were glaring errors in the basis used by the Court to decide.Lacson said he agrees with ex-Senior Associate Justice Antonio Carpio’s statement that archiving does not mean dismissal.