Impeachment case remand raises grave abuse, impartiality - PHILCONSA
Metro Manila, Philippines - The decision of the Impeachment Court to remand the case against Vice President Sara Duterte raises constitutional concerns, including grave abuse of discretion and impartiality, said an advocacy group on the charter.
The Philippine Constitution Association (PHILCONSA), the country’s oldest voice on constitutional law, laid out the issues on the Senate’s move:
+ grave abuse of discretion
+ encroachment on the House’s exclusive power
+ circumlocutory delay
+ due process and impartiality
+ fundamental question of law
“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,” the group said in a statement dated June 11.
“At stake is not merely the fate of one official, but the integrity of the Constitution itself. Impeachment is the people’s mechanism to enforce Accountability of Public Officials. It must not be thwarted by procedural invention or partisan maneuver,” it stated.
PHILCONSA also noted that the principle of continuing jurisdiction applies to the Impeachment Court.
It urged the court to proceed with the trial.
After convening as an Impeachment Court, senator-judges moved to return the impeachment articles to the House of Representatives amid questions on processes, amid remarks of presumption of regularity in approving the complaint.
The court order has two conditions: the impeachment articles will remain with the House until it certifies the constitutionality of the transmitted impeachment complaint and that the House of the 20th Congress - which will still convene after the State of the Nation Address towards the end of July - will communicate its willingness to pursue the case.
In the last session day on June 11, the House certified that its impeachment of Duterte was lawful and at the same time deferred the acceptance of the remanded case until the court addresses the prosecution panel’s clarifications.
Through a fourth impeachment complaint with 215 House member signatures, Duterte was impeached. The first three cases were archived.
The complaint that was transmitted to the Senate stated graft and corruption, betrayal of public trust, culpable violation of the constitution, and other high crimes as grounds.
