Diokno tells Senate: Judges not allowed to make motions
SENATOR-JUDGES Senators—or the majority of them—finally get to don their judges’ robes that have been ready since March and take their oath as members of the impeachment court on Tuesday, with Senate President Francis “Chiz’’ Escudero serving as presiding officer. —NIÑO JESUS ORBETA
MANILA, Philippines — Human rights lawyer Chel Diokno reminded the Senate that judges are not allowed to make motions during a court setup — they only receive them — after the Articles of Impeachment against Vice President Sara Duterte were remanded through a motion raised by a senator-judge.
Diokno, who attended the ecumenical service for the House of Representatives prosecutors on Wednesday, was asked about the Senate’s decision to return the Articles of Impeachment against Duterte to the House to clarify certain alleged issues.
On Tuesday evening, 18 senator-judges voted in favor of the motion introduced by Senator-Judge Alan Peter Cayetano, which sent the articles back to the House to ensure that the prohibition on filing more than one impeachment complaint was not violated, and that the charges would not contravene the jurisdiction and authority of the 20th Congress.
“First of all, there is an issue there. Can a judge file a motion? The Senate is no longer sitting as a lawmaking body; they are sitting as senator-judges. The one that should file motions is the parties, but the parties have not been summoned yet as of now,” Diokno told reporters at the Batasang Pambansa complex.
“If the motion, for example, comes from the defense, they should hear that. But why did it come from a member of the court? That is not in the rules that they approved,” he added.
Diokno believes a question that may be raised is why the Senate, convened as an impeachment court, acted on the motion.
“The repercussion there is that it was allowed, and should the Senate, as an impeachment court, have acted on the motion? Maybe our senators are thinking as lawmakers, they should be reminded that they are already senator-judges, they took an oath,” he explained.
Under the Philippine judicial system, both the prosecution and the defense are allowed to file various motions for the court to deliberate on. For example, an accused may file a motion for leave of court to act on a bail petition or a demurrer to evidence. In such cases, the court typically asks the prosecution panel to respond within a specific number of days.
At the end of the trial, the losing party may also file a motion for reconsideration to formally request a review of the court’s decision, prompting the court to ask the opposing side to submit a comment.
However, courts, justices, and judges do not issue motions; instead, they respond to motions through resolutions and orders.
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The decision to remand the articles stemmed from a motion made by Senator-Judge Ronald dela Rosa, which was amended by Senator-Judge Cayetano.
Only five members of the 23-member impeachment court opposed the motion.
READ: Senate votes to send Duterte impeachment back to House
Several parties involved in the impeachment complaints called out the Senate for allegedly succumbing to cowardice by remanding the articles.
In a statement early Wednesday morning, former senator and incoming Mamamayang Liberal party-list Rep. Leila de Lima said the Senate had the chance to let the people’s voices be heard but allegedly succumbed to “cowardice.”
Makabayan bloc lawmakers — composed of ACT Teachers party-list Rep. France Castro, Gabriela party-list Rep. Arlene Brosas, and Kabataan party-list Rep. Raoul Manuel — believe the Senate’s move is unconstitutional because there is no provision in the Constitution that allows a return of the articles./mcm
