Ex-SC justice Azcuna: Senate needs to start process for VP Sara impeachment
Senate President Francis 'Chiz' Escudero needs to get the Articles of Impeachment read to prompt the Senate's jurisdiction over Vice President Sara Duterte's case, and the 20th Congress can continue the trial, according to former Supreme Court Associate Justice Adolf Azcuna.
'All he needs is to get the Articles read to the Senate and served on the Respondent. That will trigger the Senate's jurisdiction over the case. The Senate in the 20th Congress can continue the process of proceeding with the trial,' Azcuna said in a Facebook post on Saturday.
Azcuna, as member then of the 1986 Constitutional Convention, drafted Article XI of the 1987 Constitution. He said it would be a grave violation of the Constitution if the Senate of the 19th Congress dismissed the Articles by not proceeding with the trial even after receiving the impeachment case.
The said dismissal may however be reversed, the former SC justice said.
"[The dismissal] can be reversed by the Supreme Court or by the Senate of the 20th Congress on a proper motion for reconsideration,' he said.
"It is crucial tho that someone against the dismissal must vote with the majority that votes to dismiss because only someone who voted with the majority can ask for reconsideration. Someone who will remain as Senator in the 20th Congress," Azcuna said.
Lapse?
Azcuna also noted that the Trial of Impeachment Cases is under Article XI on Accountability of Public Officers and not under Article VI on Legislative Power.
'The Articles of Impeachment received by the Senate in the 19th Congress will not lapse with that Congress but will be carried over to the 20th Congress because the Trial of Impeachment Cases is not a function of Legislative Power but it is a Constituent Power,' Azcuna explained.
'So it does not fall under the rule that unfinished business lapses with the outgoing Congress because the Constitution says the opposite— that the trial must 'proceed' meaning it must continue until it is finished. It cannot proceed if it is made to lapse. Since it must proceed, it follows that it does not lapse,' he added.
READ: What is impeachment and how does it work in the Philippines?
'Forthwith' means 'agad-agad'
Having also written the procedural Section, Azcuna said he included the word 'forthwith' referring to the need of the Senate to proceed with the trial after the House adopts a Resolution of Impeachment.
'It is precisely meant to mean immediately and without unreasonable delay or in the National language official version 'agad-agad,'' Azcuna said.
He then called on the senators to 'heed the clear mandate of the Constitution' and the public to proceed with the impeachment trial.
'This too will afford the Respondent due process and the opportunity to present her side to the seven charges contained therein. And it will settle our people in the hope that democratic governance is not impossible among us,' Azcuna said.
GMA News Online contacted Escudero to get his comments but it has yet to receive a reply as of posting time.
Duterte was impeached by the House of Representatives in February after more than 200 congressmen endorsed the verified complaint against her. However, the Senate postponed the reading of the impeachment charges from June 2 to June 11.
The impeachment complaint includes issues surrounding the use of confidential funds, unexplained wealth, and alleged involvement in extrajudicial killings in Davao City.
The complaint also includes her 'assassination' remarks against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and Speaker Martin Romualdez.
Escudero on Wednesday denied that an alleged Senate resolution dismissing the impeachment case against Duterte has been filed in the upper chamber.
"As of last night there is no such filed or pending resolution," Escudero told reporters.
Senator Ronald "Bato" dela Rosa however on Wednesday admitted that he was behind the Senate resolution seeking to dismiss the impeachment case against Duterte. —KG, GMA Integrated News
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