7 days ago
Tolentino: Return of article of impeachment allowed under Rules of Court
Senate Majority Leader Francis Tolentino on Sunday said the return of the articles of impeachment against Vice President Sara Duterte to the House of Representatives is allowed under the Rules of Court the senator judges have adopted.
In an interview on Super Radyo dzBB's 'Bantay Balita Sa Kongreso,' Tolentino said the senators as the impeachment court adopted Senate Resolution 39 which contains the pre-existing rules of the Senate used during the impeachment trial of former chief justice Renato Corona.
The senator judges also adopted the Rules of Court as a 'supplementary rule,' he added.
Citing Rule 135 Section 5 of the Rules of Court on inherent powers of the court, Tolentino said, 'every court shall have the power to amend and control its process and order so as to make them conformable to law and justice.'
'Ibig sabihin ng inherent powers of the court, meron pong mga essential and implicit powers ang mga husgado kahit hindi nakasaad sa batas para maipatupad ang processes,' Tolentino explained.
(Inherent powers of the court mean that the judges have essential and implicit powers even if it is not indicated in the law to implement its processes.)
Among these inherent powers are contempt power, power to issue writs, power to control proceedings, power to protect its jurisdiction, and power to amend processes, according to Tolentino.
'Pumapasok dito Section 5 Rule 135 ng Rules of Court 'yung inherent power of the court to return,' he said.
(To return is an inherent power of the court under Section 5 Rule 135 of the Rules of Court.)
The solon also cited Section 6 Rule 135 of the Rules of Court, which states that 'means to carry jurisdiction into effect any suitable process or mode of proceeding may be adopted which appears conformable to the spirit of the law or rules.'
'So ibig sabihin ina-allow (So, this means it's allowed),' Tolentino said.
Tolentino made the response after the decision to return the articles of impeachment against Duterte drew criticism from the public and members of the legal community.
He reiterated Duterte's case has not been dismissed or terminated.
Escaping the issue
In the same dzBB program, reelected Akbayan Party-list Representative Perci Cendaña countered the return of the articles of impeachment is the Senate's move to flee from the issue.
'Kahit tayo ay nalilito na kung remand ba o return. Ang ginawa ng Senado, para silang nag laro ng Scrabble— humugot ng kung ano-anong salita para lumayo sa isyu at hand,' Cendaña said.
''Yung issue at hand ay pang-aabuso sa kapangyarihan at pagnanakaw sa kaban ng bayan. Mahalaga na tandaan ng Senado na ang Kongreso, ginawa ang kanyang trabaho. As far as the rules of the House is concerned, nagawa natin 'yun,' he added.
(We are even confused whether it is remand or return. The Senate seemed like they played Scrabble, throwing all sorts of words to get away from the issue at hand, which are the abuse of power and stealing from the country. It is important for the Senate to remember that the House did its part. As far as the rules of the House are concerned, it did its part.)
Cendaña endorsed the impeachment complaint filed by advocacy groups on December 2, 2024.
He said the Senate action is 'damaging the mechanisms of accountability.'
'Itong ginawa nilang pambabalahura, pananabotahe sa process ng impeachment, hindi lang si Sara Duterte ang palulusutin nila, [pati na ang] iba pang mang-aabuso sa kapangyarihan,' Cendaña said.
(By sabotaging the process of impeachment, they not only let Duterte get away with it but also those who abuse their power.)
House to comply with Senate prosecution
Meanwhile, Oriental Mindoro Rep. Arman Panaligan said the House will comply with the Senate prosecution as long as it is mandated by the Constitution and within the proper procedure.
'Mag ko-comply naman kami (we will comply) as long as it is in accordance with the rules,' Panaligan said.
Panaligan, who is a House prosecutor, made the statement as the Senate prosecution mandates the House of Representatives to certify the non-violation of Article XI, Section 3, Paragraph 5 of the Constitution and that the 20th Congress communicates it is willing and ready to pursue the impeachment complaint.
The House of Representatives has yet to transmit to the Senate its resolution certifying that the Articles of Impeachment against Vice President Sara Duterte complied with the 1987 Constitution.
'Hindi naman [sa sinasabing patay na ang impeachment against Duterte]. Nakabitin lang kasi wala nang session ang Congress. Nag-adjourn na kami... Pati impeachment court, naka-suspend din,' Panaligan said.
(We're saying the impeachment has not been dismissed. It's been left hanging since Congress has adjourned and the impeachment court is suspended.)
For Senator Sherwin Gatchalian, there is no impasse with the House of Representatives in Duterte's impeachment court.
'Hindi na dapat tinanong ang House of Representatives. Kasi kung ayaw nila, ipu-pullout naman nila ang articles of impeachment. Ang magiging aksyon ng House of Representatives diyan, kapag nag-convene sila, June 28, magpapadala sila ng certification o magpapadala ng bagong listahan ng prosecutor,' Gatchalian said.
(The House of Representatives should not be questioned because if they don't want to pursue the impeachment case, they will pull out the articles of impeachment. Once they convene on June 28, they will either send the certification or send a new list of prosecutors.)
'Sa ganitong punto, wala pa naman akong nakikitang impasse. Sa body language ng Kamara, nagpadala na sila ng certification. Makikita sa kanila na gusto nilang ituloy ito,' he added.
(At this point, I don't see any impasse. The House wrote a certification. I can see they want to pursue the impeachment case.) —RF, GMA Integrated News
