Koko sees impeach court being haled before SC

The decision of the Senate impeachment court to return the Articles of Impeachment against Vice President Sara Duterte to the House of Representatives is inviting a legal case before the Supreme Court (SC).

Outgoing Senate Minority Leader Aquilino “Koko” Pimentel III issued this warning on Tuesday when asked if Duterte benefited from the Senate court’s decision to remand her impeachment case to the lower chamber.

“If the delay and ambiguity favor the impeached officer, we can say that the impeached officer was truly favored because, first of all, there was indeed a delay. The Senate impeachment court recognized the pause – this is a pause consciously adopted by the Senate impeachment court,” Pimentel told reporters at the Kapihan sa Senado news forum.

“It then introduced legal concepts, proceedings, and procedures that we can say are not supported by the wording of the Constitution and the Senate impeachment court’s own rules. Hence, it is inviting a case. A case equals delay. That is the danger there,” he added.

To recall, 18 senator-judges voted to remand the impeachment complaints to the House, while five others, namely, Pimentel, Risa Hontiveros, Grace Poe, Win Gatchalian, and Nancy Binay, opposed the move.

Senator Ronald “Bato” de la Rosa, a known ally of former president Duterte, initially moved to dismiss the articles of impeachment against Duterte. The motion was later amended, based on Senator Bong Go’s proposal, to return the articles to the lower house.

Also part of the impeachment court’s order is for the House members of the 20th Congress to express willingness to pursue the impeachment case against Duterte – a move widely seen to bury the impeachment case following the results of the May midterm elections.

Pimentel said he would not recommend bringing up the case before the SC as it may be a trap and further delay the impeachment trial of Duterte.

“Yes, there is a basis to question but I will advise not to go to the Supreme Court anymore,” he said.

“Currently, no one has filed yet, so we’re not bogged down in court cases yet. That is why you’ll notice there are lawyers and even framers of the Constitution who are very much against the decision yet they aren’t filing because it may even be a trap,” he added.

When asked if he believed the Senate court’s ruling was illegal, Pimentel clarified that while it may not violate the law, it could still go against the spirit of its constitutional mandate.

“When you say it is illegal, it means it is against the law. Maybe it is not illegal, but it could be against the oath—because you took an oath to render impartial justice, and yet you backed the argument of one of the parties,” he said.

Duterte was impeached by the House of Representatives on 5 February, with 215 lawmakers—more than two-thirds of its members—voting in favor.