By Joseph Bernard A. Marzan
Months after the House of Representatives (HOR) voted to impeach Vice President Sara Duterte, the Senate convened as an impeachment court on Tuesday, June 10.
Senators wore ruby-red robes as they took their oaths as senator-judges, led by Senate President Francis Escudero, a day earlier than initially announced.
Before the formal convening, Senator Ronald “Bato” Dela Rosa, a Duterte ally, moved to dismiss the impeachment case, citing legal infirmities in the complaint.
Dela Rosa accused the HOR of “intentional inaction,” noting that this was the fourth impeachment complaint filed in the chamber.
He referenced the Supreme Court ruling in Francisco v. House of Representatives, which clarified the one-year ban on filing successive impeachment complaints.
He also argued that because the complaint spans two Congresses, it may require concurrence from the 20th Congress to proceed.
“Wouldn’t the convening of the Senate as an impeachment court lose meaning if it is clear that the [impeachment complaint] standing violates the Constitution?” Dela Rosa said.
After several session suspensions, Escudero ruled that the chamber must first convene as an impeachment court before addressing Dela Rosa’s motion.
Once convened, Dela Rosa reiterated his call for dismissal, while Senator Bong Go proposed remanding the case to the HOR under the 20th Congress.
Dela Rosa clarified that his motion was for outright dismissal, not remand.
Go and Senator Robinhood Padilla, another Duterte ally, noted the Senate still had pending legislative work as the 19th Congress ends Friday, June 13.
Padilla and Senators Cynthia Villar and Imee Marcos took their oaths without wearing the traditional robes.
Senate Minority Leader Koko Pimentel objected to the motion to dismiss, citing the Senate’s constitutional power to try and decide impeachment cases.
Deputy Minority Leader Risa Hontiveros also objected, saying it should be Vice President Duterte herself who moves for dismissal, and that both the defense and the House prosecution panel should first be heard.
“The most basic tenet of due process is the right to be heard,” Hontiveros said.
“If the parties are not given the opportunity to participate, this court would be vulnerable to claims that we violated due process.”
Senator Joel Villanueva agreed, saying the law does not grant the Senate the power to summarily dismiss an impeachment case.
Senator Alan Peter Cayetano supported Pimentel’s position and suggested that if dismissal was not possible, the chamber could consider Go’s proposal to remand the case to the next Congress for clarity on the one-year bar rule and other procedural concerns.
As of 7:23 p.m. Tuesday, the Senate had not yet resolved the matter.
