Christian Monsod: Senate decision to remand ‘railroading a wrong power’

Atty. Christian Monsod, one of the framers of the Constitution, feels like the senators are `railroading a wrong power.’ (INQUIRER FILE PHOTO)

[Updated June 12, 2025, 8:12 p.m.]

MANILA, Philippines — The senators were “railroading a wrong power.” That’s according to Atty Christian Monsod, one of the architects of the country’s fundamental law, following the upper chamber’s decision to remand the Articles of Impeachment against Vice President Sara Duterte to the House of Representatives.

“When you watch the senators, there’s something wrong with them. Perhaps, they don’t realize what their responsibility and accountability to the poor,” Monsod said in an interview with INQ Today.

Monsod was referring to Article XI Section 1, which states: “Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice and lead modest lives.”

READ: Senate drops June 11 presentation of Articles of Impeachment

He said the senators are the servants of the people, and as servants of the people, they should protect their interests against abuses in public service.

READ: Senators push to postpone reading of Articles of Impeachment

Vice President Sara Duterte is facing an impeachment complaint, one of the complaints is for the irregular spending of P125-million confidential funds shortly after assuming office in 2022.

However, the Articles of Impeachment were remanded to the House of Representatives to address constitutional infirmities pointed out by the Duterte bloc in the Senate.

`Like lawyers of the VP’

“They are taking off on their own in order to derail or stop the impeachment process and it seems like they are acting like lawyers of the vice president rather than the public servant,” he said in mixed English and Filipino.

He explained that the senators, convening as an impeachment court, have no power to remand the articles of impeachment to the House of Representatives.

“They don’t have the power to do that,” Monsod said, adding that the Senate’s authority is to try the case.

Monsod was referring to Article XI Section 3 of the 1987 Constitution, which states that “the Senate shall have the sole power to try and decide all cases of impeachment.”

He clarified that questions of constitutionality are the Supreme Court’s purview, not the Senate’s.

The framer labeled the senators’ actions as a “very grave abuse of discretion,” potentially amounting to a “lack or
excess of jurisdiction,” which he said could be challenged by the House or even “we the people” before the Supreme Court.

He emphasized the importance of checks and balances in the system, stating, “They can’t get away with this.”

Responding to Senate President Francis Escudero’s statement that the Senate, as a court in impeachment proceedings, is not “co-equal” with the House as a prosecutor.

Escudero said with the Senate sitting as an Impeachment Court, the House of Representatives who are acting as prosecutors cannot defy their order.

“What’s his point? I don’t get his point,” Monsod retorted.

“They’re fooling themselves, and they’re doing this for what reason? They’re acting like they are the lawyers for the vice president, right? Maybe they’re thinking of their future,” he added.

Monsod also addressed the statement of Senator Bong Go, another member of the Duterte bloc who said that instead of impeachment, real problems of the public should be addressed like hunger.

“Isn’t it that people who are violating or betraying the public trust are a priority issue in our country?” Monsod asked.

“One problem in our country is that there are people who think they’re untouchable,” he said.

Ultimately, Monsod called upon the public to reflect on the senators’ actions.

“Let them think about it, these are the people you voted for. That’s how it is when it gets to their heads and think they can do as they please. No. That’s not right. They are public servants. They’re not public kings,” added Monsod./mr