Sotto: Sen. Miriam taught me that senator-judges can鈥檛 make motions
Sen. Miriam Defensor Santiago
MANILA, Philippines — The late Sen. Miriam Defensor-Santiago told her colleagues that senator-judges, during an impeachment trial, cannot make motions and may only ask for clarifications, former Senate President Vicente “Tito” Sotto III said on Friday.
In a message to reporters, Sotto said the Senate’s decision to remand the articles of impeachment against Vice President Sara Duterte to the House of Representatives, based on a motion raised by a senator-judge, was “flawed,” as only the defense and prosecution are allowed to file motions.
“Sen. Miriam, who was a former RTC (Regional Trial Court) judge, taught me that in the 11th Congress,” Sotto said.
“Senator-judges can only ask questions for clarification,” he added.
According to Sotto, senators should study the Senate’s rules before speaking out, emphasizing that just because the rules do not explicitly prohibit returning the articles of impeachment, it does not automatically mean they are allowed to do so.
“Just because it’s not in the rules doesn’t mean it’s allowed!” Sotto said in response to questions about Senate President Francis Escudero’s statement that nothing in the Senate’s impeachment rules prohibits the return of the articles.
“I suggest that the present crop of senators, especially the newer ones, read our records and debates in the 11th Congress when the first impeachment was well-discussed by Miriam and others. The reason for the robe and the decorum. Aral-aral muna bago putak! (Study first before speaking nonsense!)” he added.
On Tuesday evening, 18 senator‑judges approved a motion by Senator‑Judge Alan Peter Cayetano that returned the articles of impeachment against Duterte to the House of Representatives.
The remand sought to safeguard constitutional limits and jurisdictional boundaries.
Two concerns were cited: the articles might breach the constitutional rule allowing only one impeachment complaint per official, and they could intrude on the jurisdiction and authority of the incoming 20th Congress.
READ: Senate votes to send Duterte impeachment back to House
Legal experts have criticized the Senate for acting on a motion to remand the articles of impeachment to the House.
On Wednesday, law school dean Chel Diokno reminded the Senate that, in a court setting, judges are not permitted to file motions; they are only allowed to receive and rule on them.
READ: Diokno to Senate: Judges not allowed to make motions
Also on Wednesday, the House prosecution team announced that it would file a motion seeking clarification from the Senate regarding its decision to remand the articles of impeachment.
Batangas 2nd District Rep. Gerville Luistro, a member of the prosecution team, said the House would defer acceptance of the returned articles until their questions are addressed.
She clarified, however, that this is not an act of defiance against the Senate’s order, but a move to clarify potential legal issues.
READ: House to seek clarity on Senate’s remand before receiving case
On Thursday, San Juan City Rep. Ysabel Maria Zamora — another member of the prosecution team — questioned what basis Duterte would have for responding to the Senate’s summons if the articles of impeachment had already been returned to the House.
READ: Zamora: How will Sara Duterte answer impeachment court summons?
Sotto believes the remanding of the articles can be corrected, but it is up to the Senate of the 20th Congress.
“Yes, possible, but it depends on the 20th Senate. They have made this mistake; the House sent it back to them. They should just leave this mistake in the garbage bin of history. They should avoid a repeat, and senator-judges should review what the tasks of judges are. And replace lawyers surrounding them,” he explained.
Last February 5, Duterte was impeached after 215 lawmakers filed and signed a verified impeachment complaint over allegations of misuse of confidential funds in her offices and threats directed at President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and House Speaker Ferdinand Martin Romualdez.
The articles of impeachment were immediately transmitted to the Senate, as the 1987 Constitution mandates that a trial must commence without delay if at least one-third of all House members—in this case, 102 out of 306—have signed and endorsed the complaint./mcm
