Charter experts slam order to remand impeach case

MANILA, Philippines — The move by the Senate to return the impeachment case against Vice President Sara Duterte to the House of Representatives has spawned grave constitutional questions and challenged the integrity of the impeachment process, the Philippine Constitution Association (PhilConsa) said yesterday.

In a statement, PhilConsa chairman retired chief justice Reynato Puno said the move may constitute grave abuse of discretion and risks undermining the principle that public office is a public trust.

“The Accountability of Public Officials cannot be overstressed – and must never be evaded through procedural artifice,” Puno said.

He explained that the Senate’s jurisdiction as an impeachment court upon receipt of the Articles of Impeachment cannot be lost or suspended by mere procedural acts as it remains in force until the final resolution or dismissal of the case.

Puno said the remand order may have unlawfully suspended Senate jurisdiction already validly acquired as an impeachment court.

The move may have also encroached on the House’s exclusive power by requiring the House to certify compliance with the one-year ban, he said.

The imposition of new requirements not found in the Constitution or Senate Rules may also be a “circumlocutory device” meant to delay or defeat the trial, he said.

“PhilConsa submits that no such requirement exists under the Constitution or established impeachment practice. To create such a requirement ex post facto undermines both the separation of powers and the rule of law,” Puno said.

The group also raised concern about due process and impartiality because senators, as members of the impeachment court, were the ones who raised possible defenses on behalf of Duterte, he said.

Puno urged the Senate to uphold its constitutional duty and proceed with the impeachment.

“At stake is not merely the fate of one official, but the integrity of the Constitution itself. Impeachment is the people’s mechanism to enforce Accountability of Public Officials. It must not be thwarted by procedural invention or partisan maneuver,” he said.

In returning the case to the House, the Senate asked it to certify its compliance with the Constitution in the impeachment process, and for the 20th Congress of the House to signify its willingness to pursue the case.

Puno warned that any act or device that circumvents the Senate’s constitutional duty to hold the impeachment trial “gravely imperils our democratic institutions.”

“The Filipino people are watching. The Constitution commands it. The importance of Accountability of public officials cannot be overstressed. Circumlocutory compliance with the Constitution destroys the rule of law which is the bedrock of democracy,” he added.

Constitutional and valid

Speaker Martin Romualdez, who is also Philconsa president, stressed in a speech Wednesday night that the chamber’s transmittal of the impeachment complaint to the Senate was constitutional, valid and “what the Filipino people truly deserve.” He delivered his speech on the last session day as Congress adjourned sine die this week

“Let me speak plainly yet with utmost respect. The House acted not out of haste, but with deliberate care,” he said.

“I rise – not in defiance – but with resolve, guided by duty, grounded in principle. The decision of the Senate, sitting as an impeachment court, to return the articles of impeachment is deeply concerning,” the House leader said.

“We act not for ourselves but for the nation, for every Filipino who hopes for clean, honest governance. For every citizen who still believes that public office is public trust. Let history be a witness: the House of the people stood firm not in our position, but in conviction,” he maintained.

He said the seven Articles of Impeachment against Duterte were transmitted by the chamber in accordance with the 1987 Constitution and with the overwhelming support of 215 members “who answered the people’s call for accountability.”

“This is not a political exercise, this is our constitutional duty, that is why we will continue to move forward respectfully, but resolutely,” the Speaker said.

He said the House is “not only the voice of the people, it’s a guardian of their trust when allegations arise that threaten public confidence in our institutions, our duty is clear – to seek the truth, to uphold transparency, and to demand accountability without fear, without favor.”

No formal certification yet

Meanwhile, a member of the House prosecution panel – San Juan Rep. Bel Zamora – said the chamber has yet to transmit a formal certification affirming the constitutionality of the impeachment complaint against Duterte.

The certification is intended to confirm that the complaint met the constitutional requirements, including the one-third vote of all House members and the one-year ban on repeat impeachment filings.

Zamora argued that the act of transmitting the articles itself is already an indication of constitutional compliance.

“We followed the rules, we followed the Constitution,” Zamora told reporters. “The mere fact that we transmitted the Articles of Impeachment is already a certification in itself that we complied with the requirements,” she pointed out.

The Senate is also seeking certification from the 20th Congress that it would pursue the impeachment trial, a request Zamora said could not be fulfilled as the 20th Congress has not yet convened.

Despite the Senate’s move to return the articles pending certifications, Zamora pointed out that the upper chamber has already issued a summons to Duterte, a move indicating that it has already assumed jurisdiction over the case.

“That’s why we’re seeking clarification,” she said. “We respect the Senate sitting as an impeachment court, but returning the articles after issuing summons does not make sense. It’s not in the Constitution.”

Zamora said the House prosecution panel is preparing a motion for clarification on the Senate resolution. She said this would be done in the coming days.

The prosecution panel continues to hold regular meetings with private lawyers and House secretariat members, Zamora said.

“We are officers of the court. We will follow the impeachment court’s orders,” she said. “But we need clarity to avoid being caught in procedural issues later on.”

Zamora also noted that Romualdez has given the panel the freedom to prepare its case, with no specific directive issued following the Senate’s move to remand the articles. - Delon Porcalla, Jose Rodel Clapano, Mark Ernest Villeza