Manila: The Senate, acting as an impeachment court, has decided to return the articles of impeachment against Vice President Sara Z. Duterte to the House of Representatives. The decision, made by a vote of 18-5, rejects calls for outright dismissal but leaves the case open for further action. This move is seen as a compromise to maintain constitutional integrity while not prematurely ending the proceedings.
According to Philippines News Agency, the motion was introduced by Senator-judge Alan Peter Cayetano and was crafted to ensure that the constitutional process is respected without delivering a final judgment on the case. Cayetano highlighted that this decision would not cause significant delays, stating, "The effect of this is only about four days. It won't delay the proceedings and will even help the 20th Congress." The motion's return of the articles does not equate to dismissal, maintaining the possibility of future action.
Senate Minority Leader Aquilino Pimentel III and Senators Risa Hontiveros, Nancy Binay, Grace Poe, and Sherwin Gatchalian voted against the motion. Hontiveros criticized the motion's language, arguing that it introduces unnecessary ambiguity and is legally problematic. She emphasized that the Senate's responsibility is to try and decide on impeachment cases, not to remand them.
Senate President Pro Tempore Jinggoy Estrada supported the motion, citing his experience and commitment to following constitutional steps. He stressed the importance of adhering to rules in political processes like impeachment to prevent arbitrary or agenda-driven actions. Senator Francis Tolentino, who also voted in favor, clarified that his decision was contingent on the belief that the acts of the 19th Congress should not carry into the 20th Congress.
Senator Ronald Dela Rosa, who previously called for the complaint's dismissal, expressed gratitude for the vote's outcome, sharing his thoughts on Facebook. The Senate's decision allows the House to potentially refile, revise, or affirm its impeachment complaint in the next Congress. Cayetano mentioned that the Senate would request the House to verify whether the complaint violates the one-year constitutional bar on multiple impeachment attempts, addressing concerns raised by Dela Rosa.
The decision to return the articles of impeachment serves as a middle ground, with Cayetano acknowledging that while some senators favored outright dismissal, there was a consensus on the need to examine the facts of the case to determine any constitutional violations.
