Senate President Francis Escudero during a press conference on Wednesday, June 11 at the Senate office in Pasay City. (Noy Morcoso/好色先生TV)
MANILA, Philippines鈥� The impeachment court聽 does not lose its jurisdiction over the case against Vice President聽 Sara Duterte even after it was sent back to the House of Representatives, the court鈥檚 presiding officer said on Wednesday.
Voting 18-5 on Tuesday, the Senate impeachment court returned to the House of Representatives the Articles of聽 Impeachment against聽 Duterte 鈥渨ithout dismissing nor terminating the case.鈥�
鈥淣o one said that jurisdiction was lost 鈥� please read Alan鈥檚 motion,鈥� Senate President聽 Francis 鈥淐hiz鈥� Escudero said in聽press briefing, referring to Sen. Alan Peter Cayetano.
That is also my appeal to our five colleagues who keep talking about its dismissal,鈥� he added.
The five are Senate Minority Leader聽 Aquilino 鈥淜oko鈥� Pimentel III, Sens. Risa Hontiveros, Grace Poe, Nancy Binay and Sherwin Gatchalian.
鈥淚t says there without dismissing, without terminating,鈥�, so, the impeachment court retains its jurisdiction, to my mind, that鈥檚 why we issued summons,鈥� Escudero pointed out.
Despite its decision on Tuesday to send the articles聽of impeachment聽back to the House of Representatives, the聽 court directed Duterte to answer the case against her within a non-extendible period of 10 days from the receipt of writ of summons and the copy of the complaint.
鈥淗ow can we issue summons of we do not have jurisdiction? And remember, the order issuing came after the vote. I think this is quite clear, even to young lawyers, or even young law students,鈥� Escudero pointed out.
After issuing the writ of summons to Duterte, however, Sen. Ronald 鈥淏ato鈥� dela Rosa inquired if it was correct 鈥渢o assume that technically we don鈥檛 have the jurisdiction of this Articles of Impeachment聽 already because we return it?鈥�
鈥淪o why would we continue issuing a subpoena to the respondent if we鈥檝e already returned it? Maybe if it鈥檚 sent back to us, that鈥檚 when we can start summoning or issuing a summons,鈥� Dela Rosa said.
鈥淏ecause technically, we no longer have jurisdiction over the Articles of Impeachment since we returned it to them, so they are no longer with us. What, then, will be our basis now,? he added.
Hontiveros debunked this, noting such a claim was an admission that the phrase聽 鈥渨ithout dismissing or聽 terminating the complaint鈥� was a lie.
鈥淭he Articles are with us now, and yet here we are taking action to lose jurisdiction 鈥� and even the summons to be issued by the presiding officer, they want to take that away from the impeachment court,鈥� she said.
鈥淪o you see, Mr. President, brick by brick, stone by stone, this impeachment trial process is being dismantled, along with the impeachment complaint itself. This is a great disservice to our duty under the Constitution.鈥�
It was聽 Dela Rosa who originally moved to聽 dismiss the impeachment proceedings against Duterte but it was later amended by Cayetano.