Senate draft seeks rethink of SC ruling voiding Duterte impeachment

Metro Manila, Philippines - A number of senators are trying to convince colleagues to sign a draft resolution that would call for the reconsideration of the Supreme Court ruling nullifying the impeachment complaint against Vice President Sara Duterte.

In a statement on Thursday, July 31, Senator Francis “Kiko” Pangilinan confirmed that he coauthored the resolution with fellow majority member Senator Bam Aquino and Deputy Minority Leader Risa Hontiveros. He added that Senate Minority Leader Vicente “Tito” Sotto III has also signed it.

Pangilinan said they have been engaging their colleagues since Monday, the opening of the 20th Congress session, and that some senators have said “they would review it.”

The resolution, carefully worded to reflect a unified Senate position, calls for the reconsideration of the controversial ruling and cites legal opinions from former Supreme Court justices.

“It is the Senate’s position that a reconsideration by the Supreme Court of its ruling would reconcile the constitutional provisions on the Supreme Court’s power of judicial review, the House of Representatives' power to initiate impeachment complaints, and the Senate’s power to try and decide impeachment cases,” the draft states.

It cites the opinion of former Supreme Court Associate Justice Adolfo Azcuna, who called the decision “grossly unfair,” noting that the high court declared the impeachment complaint unconstitutional based on a newly crafted definition of what constitutes an “initiated” complaint.

The Supreme Court ruled that the complaint violated the constitutional one-year ban on filing multiple impeachment complaints, as it was the fourth filed against Duterte.

However, Azcuna pointed out that the first three complaints were neither included in the order of business nor referred to the appropriate committee - steps that, under the Davide case, define when a complaint is considered “initiated.”

“Justice Azcuna respectfully submits that applying this new definition retrospectively to the complaint involved in the present case would be unfair as said complaint was adopted in good faith and in direct compliance with the Supreme Court’s then-prevailing definition,” the draft states.

The draft resolution emphasizes that, under the Doctrine of Operative Fact, the newly crafted rule should apply only to future cases. The doctrine holds that actions taken and decisions made based on a previously prevailing definition should be considered valid.

It also cites the opinion of former Chief Justice Artemio Panganiban, who said that, given the issue’s “historical weight and importance,” the Supreme Court should have conducted oral arguments before issuing its ruling.

Ultimately, the resolution seeks to express the sense of the Senate that both the Fairness Principle and the Doctrine of Operative Fact should be applied in cases involving impeachment complaints.

During Thursday’s Kapihan sa Senado media forum, Senator Risa Hontiveros said the signatories are hoping to gain the support of a majority - or at least 13 senators - for the resolution.

Senate President Francis “Chiz” Escudero said he has yet to read the draft and will wait for it to be formally filed for the chamber to consider it.

“But with or without any such resolution, we already agreed in caucus to fix a date certain (Aug. 6) to debate and act on this issue of impeachment in light of the recent SC decision,” Escudero said.

Escudero had earlier warned of a potential constitutional crisis if the Supreme Court’s ruling is not followed. The Senate was initially set to tackle the matter on Tuesday, July 29, amid plans to move for the complaint’s dismissal. However, the minority bloc succeeded in deferring it to August 6 to give senators more time to review the Supreme Court’s decision.