PHILCONSA SC’s ruling on VP Duterte Impeachment “threat” to the Constitution

-Gillian Paul Abayon

The Philippine Constitution Association (PHILCONSA) a non-profit civic organization dedicated to the defense and promotion of the Constitution, urges the Supreme Court to reconsider the ruling to the impeachment case of Vice President Sara Duterte, warning that such decisions jeopardizes the balance of powers set by the 1987 Constitution.

Former Chief Justice Reynato S. Puno, PHILCONSA said in a four-page statement that the court’s ruling should be reexamined for “potential violations” of constitutional principles, including the separation of powers and the exclusive authority of the Lower House to initiate impeachment proceedings.

“Decisions of the Supreme Court that rearrange the particles of the principle of separation of power, redefine the limits of power of government or change the calculus of the balance of power between and among the three branches of our government demand their strictest scrutiny, for the slightest of error can bring about a tyrannicide that will incinerate our Constitution,” said in the group statement of PHILCONSA.

“Hearsay evidence is forbidden in the search for truth for it denies due process to the prejudiced party,” the group said.

“We therefore urge the Supreme Court to review the salient facts it relied upon in its Decision to make sure the facts speak the truth, for only a Decision based on indubitable facts can stand time and its vicissitudes.”

The group also expressed their concern over the Court’s imposition of seven new rules for the Lower House in handling impeachment cases, saying that it is a violation of the constitutional provision that grants the legislative chamber exclusive authority to initiate impeachment.

“With due respect, we express grave concern on the imposition of these new seven rules, written by the Supreme Court itself for the House to comply with,” it said. “We submit that it violates Article XI (3) of the Constitution that provides: ‘The House of Representatives shall have the exclusive power to initiate all cases of impeachment.”

On July 25, in a unanimous decision, the Supreme Court declared the articles of impeachment transmitted by the House of Representatives to the Senate as unconstitutional.