Senate Pres. Chiz Escudero Speaks on Remand of Duterte’s Impeachment to House Anew
CHIZ ESCUDERO – The Senate President insisted that there are no limitations as to what the Senate impeachment court can or cannot decide.
The decision of the Senate impeachment court to remand or return the articles of impeachment against Vice Pres. Sara Duterte earned different comments and viewpoints. There are those who believe that it is not prohibited by the rules while there are those who assert that there is no remand in the legal process.
The Senate impeachment court has approved the motion to remand the articles of impeachment against Duterte after 18 senator judges voted in favor of it. Only five (5) senators opposed the return of the Vice President’s impeachment to the House.
YES
- Alan Peter Cayetano
- Pia Cayetano
- Ronald “Bato” dela Rosa
- JV Ejercito
- Chiz Escudero
- Jinggoy Estrada
- Bong Go
- Lito Lapid
- Loren Legarda
- Imee Marcos
- Robin Padilla
- Bong Revilla
- Francis Tolentino
- Raffy Tulfo
- Joel Villanueva
- Cynthia Villar
- Mark Villar
- Juan Miguel Zubiri
NO
- Koko Pimentel
- Risa Hontiveros
- Sherwin Gatchalian
- Grace Poe
- Nancy Binay
Previously, following the approval of the motion, Senate Pres. Chiz Escudero clarified that the return of Duterte’s impeachment does not equate to the dismissal of the case against the Vice President. According to him, it is a chance for the prosecution team to answer some questions before the impeachment court decides on the matter.
Senate Minority Leader Koko Pimentel and Sen. Risa Hontiveros claimed that there is no concept of return in the Constitution. House Speaker Martin Romualdez find the Senate’s decision to return Duterte’s impeachment as “deeply concerning”.
The House maintained that they followed the rules in the impeachment of the Vice President. Recently, retired Supreme Court Justice Antonio Carpio said the Senate impeachment court’s decision to remand the articles of impeachment against Duterte to the House is not unconstitutional but irregular.
Based on a report on Inquirer, Senate Pres. Chiz Escudero expressed his respect to retired Supreme Court Justice Antonio Carpio’s opinion but clarified that he disagrees with it. He insisted that there is no limitation as to what the Senate impeachment court can or cannot do.
“I respect his opinion, but I do not agree. There are no limitations on what the impeachment court can or cannot decide,” Escudero said.
The Senate President who is the presiding officer of the impeachment court cited the Constitution which states that the Senate has the sole power to try and decide on all impeachment cases. Based on the report, he also stressed that there is no rule that prohibits a senator judge from making a motion.
Amid the issue, senator-elect Tito Sotto, also a former Senate President, claimed he learned from the late Sen. Miriam Santiago that a senator judge should not introduce a motion for the essence of neutrality and impartiality.