Manila: The Philippine Constitution Association (Philconsa) on Thursday said the Senate, sitting as an impeachment court, raised constitutional concerns when it returned the impeachment complaint against Vice President Sara Duterte to the House of Representatives.
According to Philippines News Agency, Philconsa, through its chairperson former chief justice Reynato Puno, stated that the Senate's action "raises grave constitutional questions and challenges the integrity of the impeachment process." Puno emphasized that this move could potentially constitute grave abuse of discretion and risks undermining the foundational principle of constitutional democracy, which asserts that Public Office is a Public Trust.
Philconsa highlighted several constitutional concerns, including the issue of grave abuse of discretion regarding whether the Senate unlawfully suspended its jurisdiction, which had been validly acquired as an Impeachment Court. The group also questioned whether the Senate's requirement for the House to certify compliance with the one-year ban infringes upon the House's exclusive prerogative under Article XI, Section 3 of the Constitution.
Furthermore, Philconsa raised concerns about whether imposing novel requirements not found in the Constitution or Senate Rules is a tactic designed to delay or defeat the trial. The impartiality of the Senate as an Impeachment Court was also questioned, specifically whether raising possible defenses on behalf of the respondent compromises it.
Philconsa addressed a fundamental question of law, querying if the mere lack of certification from the House of Representatives is sufficient to justify the remand of the case and suspension of the trial. Puno asserted that no such requirement exists under the Constitution or established impeachment practice, and that creating such a requirement ex post facto undermines both the separation of powers and the rule of law.
Citing legal precedents, Philconsa maintained that once the impeachment court validly acquired jurisdiction, it should not be lost due to subsequent developments. "Once the Senate is clothed with jurisdiction as an impeachment court upon receipt of the articles of impeachment, that jurisdiction cannot be lost or suspended by mere procedural acts. It remains until final resolution or dismissal by the Court itself," Puno stated.
Philconsa urged the Senate to uphold its constitutional duty and proceed with the impeachment trial in accordance with the Constitution and the rule of law. The group warned that any act or device circumventing this duty poses a grave threat to democratic institutions.
Finally, Philconsa stressed that the issue at hand transcends the fate of a single official and concerns the integrity of the Constitution itself. They emphasized that impeachment serves as the people's mechanism to enforce accountability of public officials and should not be hindered by procedural inventions or partisan maneuvers.
