Escudero: Only SC can tell if impeachment articles’ return is unconstitutional

Senate President Francis Escudero (PNA photo by Avito C. Dalan)

MANILA, Philippines — Only the Supreme Court has the power to decide on the constitutionality of the senator-judges’ decision to remand the Articles of Impeachment against Vice President Sara Duterte to the House of Representatives.

This was made clear by Senate President Chiz Escudero on Friday, dismissing claims that the action made by the impeachment court blatantly violates the Constitution.

“The only one who can say whether something done by any agency is constitutional or not is the Supreme Court. Not them and not us,” Escudero told reporters.

But according to the Senate chief, the rules of court clearly states that the impeachment court is “sui generis,” which means that it’s a class of its own.

“The impeachment court can do whatever it wants to do as long as it gets voted upon. And if anyone disagrees, they are free to take it to the Supreme Court and let’s wait for the Supreme Court to decide.)

“But it’s not because one congressman or two congressmen or three or one senator, two or three people think it’s unconstitutional, that it automatically becomes unconstitutional. Only the court can say,” he explained.

The impeachment court — voting 18 affirmative and five negative — decided to return the Articles of Impeachment against Duterte to the House of Representatives.

In this decision, the court had also asked the lower chamber to certify that it did not violate the Constitution for allegedly initiating more than one impeachment complaint in a year.

The court likewise asked the lower chamber to communicate whether or not the 20th Congress is willing and ready to pursue the impeachment complaint against the vice president.

But a day after this decision was made, the lower chamber opted to defer the acceptance of the Articles of Impeachment returned by the Senate, through a resolution adopted by the chamber.

The lower chamber’s acceptance of the Articles of Impeachment is deferred until such a time as the Senate, sitting as an impeachment court, has responded to “clarificatory queries raised by the panel of prosecutors relative to the remand of the subject articles.”

But during the interview still on Thursday, Escudero said they have not received any documents from the House.

“That’s just news and I don’t know if it’s true because we haven’t received anything yet. All communication, so far, with the impeachment court is through pleadings and not press releases or press calls,” said Escudero.

Both chambers of Congress adjourned sine die the third regular session of the 19th Congress on Wednesday./apl