Tell it to SunStar: The role of the Senate as impeachment court

Tell it to SunStar: The role of the Senate as impeachment court
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By Atty. Chel Diokno

When the Senate acts as an impeachment court, it casts off its robes as a lawmaking body and takes on a completely different role mandated by the Constitution: to hear and decide whether the highest ranking officials of government should be removed from office for culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of the public trust. That is why the senators, when sitting as impeachment judges, must take a separate oath. That is also why the Constitution requires that impeachment trials be conducted “forthwith” — because the Senate will be performing a unique judicial function commanded by the Constitution in order to hold our highest public officials accountable.

While it is true that when the 19th Congress ends, all pending legislative matters and investigations also end, this refers to the Senate’s role as a lawmaking body. It does not refer to the Senate’s role as an impeachment court, which is entirely separate, distinct and special.

This is supported by the case of Pimentel, Jr. v. Joint Committee of Congress (G.R. No. 163783, June 22, 2004), where the Supreme Court ruled that non-lawmaking functions assigned to the Senate by the 1987 Constitution are unaffected by a change in Congress and the membership of the body.

Our constitutional provisions on impeachment, including the requirement that senators must take a separate oath, were adopted from the Constitution of the United States. While their precedents are not binding, it is also well settled that in the United States, an impeachment trial is not affected by a change from one Congress to another.

The issue could have been avoided had the Senate started the trial immediately after the transmittal of the articles of impeachment, as mandated by the 1987 Constitution. That’s why, from the very beginning, we questioned why there was no immediate action taken.

The Senate has a constitutional duty to conduct the trial and cannot simply dismiss it through a resolution. The continued delay in the proceedings and the attempt to dismiss the case through a mere resolution are deeply concerning, as they risk undermining the rule of law and the democratic principle of checks and balances. The Senate cannot be allowed to escape its duties based on limitations which they themselves seem to have designed. Upholding accountability and justice is a constitutional mandate of the Senate and a fundamental part of good governance.

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