Constitution framer says Bato’s resolution can’t stop VP Sara’s impeachment

Lawyer and framer of the 1987 Constitution Christian Monsod bluntly stated that the resolution attempting to block the impeachment of Vice President Sara Duterte will not succeed.

This is Monsod’s reaction to the resolution prepared by Senator Ronald “Bato” Dela Rosa asking to dismiss the impeachment complaint against Vice President Duterte.

According to Monsod, the constitutional provision on impeachment is very clear.

“It will not succeed. The Constitution is very clear that once the Articles of Impeachment comes from the house, that the Senate should forthwith proceed,” Monsod said.

Monsod specified that even if the senators vote to block the complaint’s progress, it will not succeed.

Read More:  Sotto questions legality of flood control subcommittee

The prosecution can appeal to the Supreme Court to question the senators’ actions.

Monsod said the Supreme Court has the power to determine if there is a grave abuse of discretion amounting to lack or excess in jurisdiction of any government branches and instrumentalities under its check and balance system function.

Another constitutionalist, Atty. Rene Sarmiento, countered Senator Francis Tolentino’s statement that the impeachment cannot carry over to the 20th Congress if it started in the 19th Congress.

According to Sarmiento, Congress has two functions: lawmaking and non-lawmaking.

Sarmiento added there is no obstacle to the impeachment proceeding from the 19th Congress to the 20th Congress because these are just numerical designations, and Congress remains the same.

Read More:  Pulong Duterte says Marcos won because of VP Sara

He emphasized that even if the Senate’s composition changes, there is no obstacle to its continuation because it is a continuing body that can proceed to achieve its purpose.

From Sarmiento’s perspective, the impeachment process started when the Articles of Impeachment were submitted to the Senate, and it will continue even if the Senate is in sine die adjournment or any suspension of session until the mission is accomplished.

Prior to the scheduled convening of the senate as impeachment court on June 11, there are efforts from the camp of the Vice President to stop the conduct of the process.

(Senate PRIB photo)