Sen. Sherwin Gatchalian Speaks on Rules of Impeachment
SHERWIN GATCHALIAN – The Senator stressed that senator judges must be fair and impartial during an impeachment trial.
Last Monday, Senate Pres. Chiz Escudero took an oath as the presiding officer of the impeachment court in the trial of Vice Pres. Sara Duterte. It came after the Senate Minority moved to request the start of the trial. The following day, it was followed by the rest of the senators taking their oath as judges of the impeachment court.
However, following the senators taking their oath, they voted on a motion to remand the articles of impeachment against Duterte to the House of Representatives. The senator-judges want clarification on the constitutionality of the impeachment and also asked for a reconfirmation from the 20th Congress that it is willing to take it in.
Senate Pres. Chiz Escudero clarified that the return of the articles of impeachment against Duterte to the House comes with no intention to dismiss the impeachment case against the Vice President. It was approved with 18 senators voting in favor for it and only (5) senators opposing it.
YES
- Alan Peter Cayetano
- Pia Cayetano
- Ronald “Bato” dela Rosa
- JV Ejercito
- Chiz Escudero
- Jinggoy Estrada
- Bong Go
- Lito Lapid
- Loren Legarda
- Imee Marcos
- Robin Padilla
- Bong Revilla
- Francis Tolentino
- Raffy Tulfo
- Joel Villanueva
- Cynthia Villar
- Mark Villar
- Juan Miguel Zubiri
NO
- Koko Pimentel
- Risa Hontiveros
- Sherwin Gatchalian
- Grace Poe
- Nancy Binay
Senate Minority Leader Koko Pimentel claimed that there is no concept of “return to sender” in the legal process. Opposition Sen. Risa Hontiveros also claimed that remand is not under the Constitution. However, Senate Pres. Chiz Escudero defended the move saying that the remand is not prohibited under the rules of impeachment.
Following the controversial move in the Senate, senators Imee Marcos and Robin Padilla who are judges of the impeachment court in the trial against Vice Pres. Sara Duterte joined the Vice President in an Independence Day celebration in Kuala Lumpur, Malaysia. Sen. Sherwin Gatchalian was asked about it.
Based on a report on GMA News, Sen. Sherwin Gatchalian stressed that it was mentioned several times under the impeachment rules that senator-judges must be fair and impartial.
“Alam naman ng mga senator-judges ‘yung kanilang mga tungkulin sa ilalim ng impeachment court. Kapag binasa natin ‘yung rules of impeachment, ilang beses nakasulat doon na dapat maging pantay, dapat maging impartial, dapat walang kinikilingan… Itong mga prinsipyong ito ay dapat naming gawin at dapat nating isapuso at isaisip,” Gatchalian said.
Based on the report, Sen. Sherwin Gatchalian also spoke about his “no” vote to the motion to return the articles of impeachment against Vice Pres. Sara Duterte to the House of Representatives. He stressed that it was the process that was being discussed and not the case itself.
The Senator also cited that under the Philippine Constitution, once the articles of impeachment have been submitted to the Senate, the upper chamber has no other option but to push through with the trial. According to him, what he does not want to happen is people losing their trust to the Senate.
“Dahil sa ilalim ng Saligang Batas, ‘pag na-transmit na sa Senado yug articles of impeachment, wala ng choice ang Senado kung hindi ipagpatuloy na ‘yung trial,” Sen. Sherwin Gatchalian said.
Former Senate Pres. Tito Sotto also reacted to the issue saying he learned from the late Sen. Miriam Santiago that senator-judges should not make motions. He previously stressed that senator-judges should only ask questions or clarifications.