ASEANEWS HEADLINE-VP Du30 IMPEACHMENT | MANILA: ‘SC impeachment rules gave itself undue power’
Experts believe SC exceeded authority in VP Duterte impeachment ruling | ANC
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PhilConSa to SC: Avoid political thicket, revisit ruling
MANILA, Philippines — The Supreme Court (SC) “gifted itself” undue power when it imposed new rules for the initiation of impeachment proceedings in declaring as unconstitutional the impeachment of Vice President Sara Duterte, the Philippine Constitution Association Foundation Inc. (PhilConSa) has observed.
In a statement signed by PhilConSa chairperson and former chief justice Reynato Puno, the group expressed grave concern over the imposition of seven new rules in impeachment proceedings, set by the SC for compliance by the House of Representatives.
The statement issued over the weekend said the new rules gave the SC powers “that can deprive the House of its exclusive power to initiate all cases of impeachment,” thereby violating Article XI (3) of the Constitution.
It noted that the requirement that the draft Articles of Impeachment should be accompanied by sufficient evidence and there should be reasonable time wherein members of the House could decide whether or not to endorse the complaint could be used by the impeached official to raise the matter to the SC.
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These requirements, Puno said, subsequently gave the SC the power to determine the sufficiency of evidence and reasonableness of time given to all members of the House to reach an independent decision.
“It tilted the balance of power in its favor. It runs counter to the advice that in interpreting the Constitution, the role of justices is to serve strictly as umpires. They should not act as pitchers or batters in favor of any party,” he said.
“The exercise of this new power which the Court gifted itself will border the anomalous when a member of the Court becomes a respondent in an impeachment case,” Puno further warned.
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Political issue principle
Puno also said the SC should not disregard the political issue principle in impeachment proceedings that “prohibits the judiciary from interfering” with the House’s initiation process of impeachment, in which the members of the House are responsible only to the people who elected them.
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It noted that Article XI (8) of the Constitution explicitly states that Congress shall promulgate its rules on impeachment, therefore the SC cannot write the rules for Congress and should interfere with the political process of impeachment.
“The Court cannot minimalize this principle that prevents the Judiciary from exercising power that can overwhelm the other branches of the government. It is the guardrail against the evil of undue judicialization of politics by the unelect,” Puno said.
PhilConSa also raised doubt on the constitutionality and wisdom of the new rules that required the House to accord due process to a respondent in case the verified complaint or resolution is filed by at least one-third of all its members pursuant to Article XI, Section 3 (4) of the Constitution.
Puno said the right of respondent to due process should be invoked in the Senate impeachment court when the official goes to trial as the right to be heard is satisfied when respondent is heard before any judgment is handed down, not necessarily before or at the start of judicial proceedings.
“In fine, the new Rules written by the Court for the House to follow will render nugatory the exclusive power of the House to initiate all impeachment cases. We beg the Court to revisit the constitutionality of the new Rules it wrote from the House,” Puno said.
“We call on the Supreme Court to avoid the political thicket, where there are too many unknowns and unknowables and thus avoid the tyranny of intangibles,” he said.
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Legarda: Don’t rush Senate vote
Meanwhile, Sen. Loren Legarda yesterday cautioned against prematurely deciding whether or not the Senate should abide by the Supreme Court ruling that voided the impeachment complaint against Vice President Sara Duterte, emphasizing that the House of Representatives has yet to exhaust all legal remedies.
According to Legarda, the Senate must respect the process and wait for the outcome of the House’s motion for reconsideration.
“Due process must be observed regardless of where we stand on the issue in the pursuit of accountability and justice… truth and fairness must not be forgotten. So, we respect the role of the judiciary, especially the Supreme Court,” Legarda said in an interview over radio dzBB.
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While acknowledging that not everyone will interpret the Constitution in the same way, she said that disagreement with the high court should not be grounds for ignoring its decision.
Legarda reiterated her position during the Senate’s opening session last week, saying she respects the SC’s decision. For her, the Senate should “take it from there” and wait for the judicial process to unfold.
She also pointed out that, as a potential senator-judge should the impeachment push forward, she will withhold any judgment until the proper time.
Senators are scheduled to decide as a legislative body on Aug. 6 on whether to abide by the SC ruling. — Neil Jayson Servallos
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