Reversal of SC’s verdict on VP Sara’s impeachment not impossible, Sotto says

Senate Minority Leader Vicente Sotto III has reminded his fellow lawmakers that even if the Supreme Court has already junked the impeachment complaint of Vice President Sara Duterte for being unconstitutional, the ball is always round and the SC’s ruling remains reversible.

During the debate on Duterte’s impeachment on Wednesday, Sotto, in his manifestation, questioned the vote of fellow Senator Rodante Marcoleta, who said that the junked impeachment complaint for VP Duterte has no hope of being reversed by the SC.

Marcoleta said for the SC decision to be reversed, eight magistrates should vote for its overturning, which has not happened in the history of the SC, according to Marcoleta.

“Sa inaakala po ba ninyo na may makukuha kayong 8 na mahistrado na pipirma para baliktarin ang kanilang naging unanimous decision? Napakahirap pong mag-especulate,” said Marcoleta.

In a 13-0-2 decision last 25 July, the Supreme Court En Banc declared the Articles of Impeachment against Duterte unconstitutional, noting that it is barred by the one-year rule under Article XI, Section 3(5) of the Constitution and that it violates the right to due process enshrined in the Bill of Rights.

Therefore, the Senate could not acquire jurisdiction over the impeachment proceedings, the ruling said.

Sotto contradicted Marcoleta in saying that in some previous jurisprudence, there are instances where the SC overturned its own decision.

“I would like to remind everyone that the reversal of the SC’s decision is not impossible, even in landmark cases,” Sotto said, citing a decision of the SC in 2004, questioning the constitutionality of the Philippine Mining Law.

“The SC granted the Motion for Reconsideration, reversing and setting aside its first ruling and setting aside its earlier ruling. And just a few days ago, the SC reversed its ruling on the definition of a ‘stockholder’,” he said.

Sotto once more questioned some of his fellow lawmakers on why they are in a hurry to dismiss Duterte’s impeachment complaint at the Senate.

“May kasabihan po tayo, ang naglalakad ng matulin, kung matinik ay malalim. Dapat siguro pag-isipan natin kung tama na bago magdesisyon ang Supreme Court (sa motion) ay ibabasura na natin ang kasong ito. If there’s a mistake, a unanimous decision can be a unanimous mistake,” Sotto said, noting that a unanimous decision does not bar an appeal or a reversal.

Marcoleta, who voted to dismiss the complaint in the Senate, answered back and told Sotto that he is wearing shoes while running.

On Monday, the House of Representatives filed a Motion for Reconsideration asking the SC to revisit and correct its ruling that nullified the impeachment case against Vice President Duterte.