Imee Marcos confirms draft Senate resolution dismissing Sara Duterte impeachment case

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'One of the many drafts, na iba iba ang pakay — parang pangatlo 'yan sa nakita ko,' says Senator Imee Marcos, a staunch ally of Vice President Sara Duterte

MANILA, Philippines – Senator Imee Marcos said on Wednesday, June 4, that she has seen a draft Senate resolution seeking the “de facto dismissal” of the impeachment case against Vice President Sara Duterte.

“One of the many drafts, na iba-iba ang pakay — parang pangatlo ‘yan sa nakita ko. Maraming versions, lahat ay naghahanap ng pinakamabisa at pinaka-naaayon sa batas na solusyon, ‘yung walang butas,” said Marcos, the only senator so far who confirmed the existence of the supposed resolution.

(One of the many drafts, each with a different purpose — I think that was the third one I saw. There are many versions, all aiming to find the most effective and legally sound solution, one without loopholes.)

In the draft Senate resolution leaked on Tuesday night, June 3, it was argued that the Senate had violated the Constitution by failing to act on the Articles of Impeachment when they were transmitted to the upper chamber on February 5 — the Senate’s last session day before Congress went on a three-month recess.

The House of Representati ves impeached the Vice President on the same day, after 215 lawmakers fast-tracked a fourth impeachment complaint through a resolution.

Senate President Chiz Escudero had postponed the reading of the Articles of Impeachment — the first step of the proceedings — from June 2 to June 11, the last session day of the 19th Congress.

The Senate resolution also argued that the impeachment trial cannot carry over to the 20th Congress, which would start on July 28, because “all pending matters and proceedings shall terminate upon the expiration of one (1) Congress, but may be taken by the succeeding Congress as if presented for the first time.”

It also cites the Supreme Court ruling in the 2008 case, Neri v. Senate, which supposedly backs the position that the impeachment proceedings against the Vice President cannot cross over to the 20th Congress.

“On the nature of the Senate as a ‘continuing body,’ this Court sees fit to issue a clarification. Certainly, there is no debate that the Senate as an institution is ‘continuing,’ as it is not dissolved as an entity with each national election or change in the composition of its members. However, in the conduct of its day-to-day business the Senate of each Congress acts separately and independently of the Senate of the Congress before it,” the document cited reads.

On Monday, June 2, senators debated whether the impeachment trial could carry over to the next Congress. Senate Majority Leader Francis Tolentino opened the discussion, echoing the position outlined in the draft Senate resolution.

Opposition Senator Risa Hontiveros contradicted Tolentino, saying that “allowing impeachment to cross over Congresses is consistent with American practice.” (READ: Hontiveros alarmed by delays in impeachment trial: We owe it to Filipinos)

“Following the practice of the United Kingdom, Thomas Jefferson’s Manual of Parliamentary Practice states that, and I quote, impeachment is not discontinued by the dissolution of Parliament, but may be resumed by the new Parliament,” Hontiveros said, citing the UP Law Journal on Emerging Issues in Philippine Impeachment and the Accountability Constitution written by lawyer Paolo Tamase. (You can read the journal here.)

Senate Minority Leader Koko Pimentel also shared the same view, saying that there is no provision in the Constitution that prohibits the impeachment trial to cross over to the next Congress. – Rappler.com