Lawyer Christian Monsod, a Framer of 1987 Constitution, Speaks on Senate’s Function during Impeachment
Framer of 1987 Constitution Christian Monsod, a lawyer, spoke on the Senate over the impeachment trial of Vice Pres. Sara Duterte.
The recent movements with regards to the impeachment trial against Vice Pres. Sara Duterte earned different reactions. Ahead of the initial schedule for the reading of the articles of impeachment which was set on June 2, Senate Pres. Chiz Escudero announced that it will be moved to June 11.
According to the Senate Chief, they will prioritize their legislative agenda as they still have several measures to pass before the 19th Congress adjourns this month. On Monday, the Senate Minority moved so Escudero could take his oath as the presiding officer of the impeachment court.
Senate Pres. Chiz Escudero took his oath as the presiding officer of the impeachment court in Duterte’s trial and it was followed by the rest of the senators taking their oath as senator judges the following day. Three (3) senators known as Duterte-allies did not wear their impeachment robes during their oath. They are senators Cynthia Villar, Imee Marcos, and Robin Padilla.
Prior to the oath-taking of the presiding officer and the senator-judges of the impeachment court, Sen. Robin Padilla reaffirmed his loyalty to the Duterte family. He also filed a resolution seeking to dismiss the impeachment case against Vice Pres. Sara Duterte.
Aside from the action star-turned-Senator, former Philippine National Police (PNP) chief turned Sen. Bato dela Rosa also wants the dismissal of the impeachment case versus Duterte. He also previously expressed his confidence that Duterte will be acquitted in the trial claiming that they allegedly have the numbers.
However, after the senators took their oath, with an 18-5 voting, the Sente approved the motion of Sen. Alan Peter Cayetano to return the articles of impeachment to the House of Representatives. It elicited different reactions from the people including a framer of the 1987 Constitution.
Atty. Christian Monsod who was one of those who framed the 1987 Constitution stressed that the function of the Senate is to try Vice Pres. Sara Duterte and not to check whether or not the House followed the rules. Based on a report on ABS-CBN News, he stressed that the said function belongs to the Supreme Court.
“That is an issue that the Supreme Court to determine if there has been grave abuse of discretion on any branch or instrumentality of government that amounts to lack or excess of jurisdiction,” Monsod said.
Based on the report, the framer of the 1987 Constitution further stressed that it is not the duty of the Senate to ask the House if the charge is constitutional. According to him, it will be decided by the Supreme Court.
“Nakakalimutan yata nila, they are the senators of the people, it is the people who voted them as senators. They are not senators for Duterte, they are senators for the people,” the lawyer said.
Recently, Manila Representative Joel Chua who is one of the prosecutors in Duterte’s impeachment trial stressed that the questions must come from the defense team and not a senator-judge.