ASEANEWS HEADLINE-VP Du30 IMPEACHMENT | MANILA: ‘Senate impeachment judges can’t move to dismiss VP Sara’s case’
Carpio: No provision in the law that Senate can dismiss the impeachment without trial | TBS
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MANILA, Philippines — Incoming Sen. Panfilo Lacson yesterday warned fellow members of the Senate impeachment court against filing a motion to dismiss the case against Vice President Sara Duterte, saying this would be “improper” and “inappropriate.”
“For me, you cannot move to dismiss (the case) because you are a judge. Where have you ever seen a judge who moved to dismiss? We will decide, but the motion to dismiss must come from the defense,” Lacson told dzBB.
“It would be a laughingstock. The judge is there above, holding the gavel, and pounding on that gavel. Then the judge would say, ‘I move to dismiss,’ and then pound on the gavel and utter, ‘this case is dismissed.’ Isn’t it awkward?” he asked.
Lacson said he is prepared to vote for a conviction in the impeachment trial if a certain threshold is reached.
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“For me, at the very least, we should not go lower than the threshold of preponderance of evidence. If there is really a lack of evidence, and there is no preponderance, speaking for myself, I would really acquit. But if it is beyond the threshold of preponderance, even if there is a lack of guilt beyond reasonable doubt, I will vote to convict,” he noted.
He explained that unlike criminal trials, where the standard is proof of guilt beyond reasonable doubt, impeachment trials do not have fixed evidentiary rules. As such, senator-judges have leeway to interpret the weight of the evidence presented.
“This is an impeachment. No one is going to jail. There is only one penalty – removal from office. No jail, no fines. There is only one outcome – if you are guilty, you will be ousted from your position,” he said.
Lacson’s statements came after the House of Representatives raised concerns over Senate President Francis Escudero’s remarks that the impeachment court can entertain a motion to dismiss or motion to convict.
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Lacson also pointed out that the Senate’s role in an impeachment trial is defined by the Constitution: “try and decide.”
Moving to dismiss a case before any presentation of evidence, the senator-elect said, could violate that mandate.
“My initial thinking is that we should follow the Constitution, plain and simple,” he said.
“At the very least, the prosecution should be able to present evidence. They haven’t even presented any evidence, so what’s the basis of dismissal?” he inquired.
Lacson also rejected the claim that the Senate impeachment court is bound by Escudero’s opposition to holding caucuses, asserting that the Senate operates by majority rule.
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“The presiding officer is just one of the senator judges. He will not decide alone. The majority will decide whether to have a caucus before going to the impeachment court. One person cannot dictate that,” he said.
“If at least 13 senator-judges want to have a caucus, his (Escudero) wishes won’t be granted because we are a democracy,” Lacson added.
The Senate is expected to open the regular session of the 20th Congress on July 28, followed by President Marcos’ State of the Nation Address. Deliberations on pending legislative and impeachment matters, however, are likely to begin the next day.
Fears surrounding a motion to dismiss even without the presence of the defendant’s lawyers, House prosecutors and evidence arose during the impeachment court’s June 10 session when Duterte loyalist Sen. Ronald dela Rosa moved for the dismissal of the impeachment complaint against the Vice President.
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While it triggered hours-long debates on its constitutionality, the Senate minority was able to thwart the motion. However, it was later amended to a motion to remand the Articles of Impeachment to the House for certifications.
Earlier, the House of Representatives expressed intent to elevate Duterte’s impeachment case to the Supreme Court in the event that the Senate opts to dismiss the complaint without trial.
Outgoing Senate minority leader Aquilino Pimentel III said the House would likely prevail in such a scenario.
“They can do that… and they can win in their petition,” he told dwIZ on Saturday.
“My prediction is that they will most likely win, so it would be a slap in the Senate’s face if they would be lectured by the Supreme Court that they have no choice but to conduct the trial,” he added.
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Pimentel, who has consistently advocated for honoring the constitutional process, warned that dismissing the case outright without trial would raise serious legal and institutional concerns.
He also stressed that the Senate appears to be lacking respect toward the House based on recent actions regarding the impeachment.
“The Senate impeachment court should respect the House of Representatives. They are representatives of the people,” he said.
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The Senate impeachment court is expected to convene later in July or early August once the senator-judges are sworn in.
Only then will it begin deliberating on the Vice President’s answer and any motions, including those that may raise jurisdictional challenges.
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