Philconsa warns Senate may have violated Constitution by returning impeach case

THE Philippine Constitution Association (Philconsa) on Thursday expressed alarm over the Senate’s decision to return the articles of impeachment against Vice President Sara Duterte to the House of Representatives, warning that the move raises “grave constitutional questions.”

In a strongly worded statement, Philconsa chairperson and former chief justice Reynato Puno said the Senate, sitting as an impeachment court, may have committed grave abuse of discretion when it declined to proceed with the trial and sent the articles back to the lower chamber.

“This raises grave constitutional questions and challenges the integrity of the impeachment process,” Puno said.

“It risks undermining the most fundamental principle of our constitutional democracy: that public office is a public trust.”

Among the concerns flagged by the group was whether the Senate unlawfully suspended jurisdiction it had already acquired, whether it infringed on the House’s exclusive power to initiate impeachment, and whether it imposed novel requirements that are not found in the Constitution or Senate rules.

Philconsa also questioned if the Senate’s move to raise possible defenses on behalf of the Vice President compromises its impartiality as an impeachment court.

“Is the mere lack of certification from the House sufficient to justify suspension of trial?” the group asked, noting that such a requirement does not exist under the 1987 Constitution or established practice.

According to Puno, once the Senate assumes jurisdiction over an impeachment case, that authority “cannot be lost or suspended by mere procedural acts.” He stressed that only a final ruling by the impeachment court can resolve or dismiss the case.

“Impeachment is the people’s mechanism for enforcing accountability. It must not be thwarted by procedural invention or partisan maneuver,” Puno said.

Philconsa called on the Senate to uphold its constitutional duty and proceed with the trial “in accordance with the Constitution and the rule of law,” warning that at stake is not only the political fate of one official but the integrity of the nation’s democratic institutions.