Read this in The Manila Times digital edition.
(UPDATE) SENATOR-ELECT Vicente Sotto III on Friday expressed concern over the decision by the impeachment court which will try Vice President Sara Durterte, claiming a significant error was made when a senator-judge filed a motion on his own.
Sotto said senators should not submit motions independently. "Only the defense or prosecution counsel can file such motions," he said.
Sotto disagreed with the argument of Senate President Francis "Chiz" Escudero that the rules do not prohibit a senator-judge from filing a motion. "There's nothing in the rules that prevents it, but it should not be allowed," he said.
Sotto said that during the 11th Congress, Sen. Miriam Defensor-Santiago had taught him that senator-judges could only seek clarifications, and not submit motions for themselves.
He said such actions are unnecessary in remanding impeachment cases to the House of Representatives. "They were the ones who filed the impeachment," he noted, insisting that the House from the 20th Congress must be consulted if the Senate impeachment court wants further clarification.
When it comes to ratifying the articles of impeachment initiated by the House of the 19th Congress, a simple resolution would suffice, he said.
Sotto also said the flaw in remanding the impeachment cases to the House could still be corrected in the 20th Congress.
He noted that the previous mistakes were made when the cases were returned to the House and then disregarded entirely.
Sotto urged current senators, especially the newcomers, to study the records and debates from the 11th Congress, where figures like Defensor-Santiago thoroughly discussed the first impeachment.
On Friday, Malacañang appealed to senator-judges to stay neutral in the impeachment trial of Vice President Duterte.
The Palace made the appeal after senator-judges Robinhood Padilla and Imee Marcos joined Duterte in Malaysia to commemorate Independence Day on Thursday.
"The law says that when you act as a senator-judge, you must be neutral and not biased," Palace Press Officer Claire Casto said during a press conference.
"They should respect the people and have shame because they serve the people, not just one person," she said.
Castro said the President was open to a dialogue between the Senate and the House, but would not intervene in the impeachment trial of Duterte.
The Philippine Constitution Association had raised "grave constitutional questions" on the Senate's decision to return the articles of impeachment to the House, urging the upper chamber to uphold its constitutional duty and proceed with the trial.
The Senate voted 18-5 to remand the articles of impeachment.
Castro said Marcos was willing to talk to Escudero and Speaker Martin Romualdez to thresh out their differences, but not when it comes to the impeachment process.
Castro said the President respects the views of legal experts and institutions but reiterated his commitment to the democratic process.
"The President respects every person's or group's opinion," she said, quoting the President, "the real enemy of peace is indifference."
Castro said Marcos remained hopeful that, despite tensions, Congress would maintain institutional integrity.
In a statement on Friday, Bayan Muna party-list chairman Neri Colmenares urged Filipinos to protest the "derailing" of the impeachment complaint.
"Even if the Senate has adjourned as a legislative body, it can still convene as an impeachment court because the impeachment court is not convened as a legislative body, but as a constitutionally mandated body to try impeachment cases and not merely to pass laws. It is therefore not bound by its legislative calendar," Colmenares said.
"Clearly, not only the Constitution but even their own rules differentiated the impeachment court from the legislative function of the Senate, even suspending the Senate's legislative business during impeachment trials," he said.
Colmenares cited rules from the Senate that should specify the date and time for the consideration of articles of impeachment.
Since Duterte was ordered by the impeachment court on June 11 to submit her answer within a non-extendible period of 10 days, "the court should convene on June 21 to receive it and start the trial," he said.
"Otherwise, some senators may claim that it was the House which derailed the proceedings by not abiding with the order of the court. The House should throw the ball back to the Senate to challenge the senators to convene as an impeachment court on June 21," he said.
Colmenares called on the House to promptly reply to the order of the Senate, saying the impeachment complaint "did not violate the Constitution," and the House "is willing and ready to prosecute it and appear before the impeachment court on June 21."
"The Senate attempted to kill the impeachment complaint, but the battle is not yet over. The people have all the right to find out how P612 million of the people's money were spent by VP Sara Duterte and whether the alleged recipient of the money, like Mary Grace Piattos, actually exists," Colmenares said.
Duterte must be compelled to answer the complaint by June 21 and "explain where the more than half billion of public funds were spent," he said.
He urged the people to hold protest actions on June 21 to force the Senate to continue convening as an impeachment court.
The 19th Congress adjourns sine die on that date and will return as the 20th Congress next month.