Senate president wanna-be
May 14, just two days after elections, Senator-elect Tito Sotto was quick to say YES, he would accept the Senate presidency in the 20th congress if enough of his colleagues support him. https://www.abs-cbn.com/news/
May 15, Senate Prez Chiz Escudero had this to say to a titillated and makulit media.
“Katatapos lang ng eleksyon at bangayan at ingay, sisimulan nyo na naman agad. Palipasin nyo naman. Tapusin muna natin itong kongresong to. May dalawa pa kaming linggo na marami pa kaming inaasahang mapapasa at maihahabol na mga panukalang batas,” Escudero said. “Doon muna kami nakatutok at hindi yung parating na kongreso,” he added. https://www.abs-cbn.com/news/
Oo nga naman. Medyo nagulat din ako kay senator-elect Sotto, na hindi nagpatumpik-tumpik, oo agad. Puwede namang sabihing, too soon, guys, too soon to talk about that, let the 19th Congress wind up first. Like, you know, a show of delikadeza naman, in deference to SP Chiz who has a tricky 12 days to navigate, especially the impeachment part.
Unless yung impeachment mismo ang top-of-mind ng senator-elect, na para bagang nagpaparamdam na he would handle it differently, otherwise why would he be so eager to replace Chiz? I couldn’t help wondering what game he’s playing.
Finally, some 10 days later, around May 23, my YouTube algo came up with an Iglesia (ni Cristo) Net25 vlog where Tito explains to Ali Sotto and Pat-P Daza exactly where he’s coming from on the impeachment matter. https://www.youtube.com/
SOTTO: Ako, ibang klaseng problema ang nakikita ko na hindi nasisilip ng iba. Meron dalawang comflicting rules e. … Ang impeachment rules kasi, sinasabi that once the impeachment is taken up or the impeachment court is constituted as one, then kailangan tapusin … the impeachment trial must [go on] to the end. Ito namang senate rules … ang sinasabi ng constitution … oras na mag-adjourn sine die ang senado, lahat ng business noon, patay, kaya nga…sine die, Latin for “without day”. Wala na.
So ano ang dapat sundin? Impeachment rules ba? Ang problema, impeachment rules emanate from the senate rules, and the senate rules emanate from the constitution. Bakit ko nasasabi yon? E ako ang co-author ng impeachment rules e. Nung kay Justice Corona, ako ang chairman ng committee of rules eh, yun yung sinulat ko na ginagamit namin as impeachment rules. So ngayon … alin ang susundin?
ALI: The question being, kung maitatawid itong impeachment complaint initiated during the 19th congress … into the 20th congress, is that the issue here?
SOTTO: Kung sasabihin ng senado…ng 19 th congress … pagdating ng June 13, pag-adjourn sine die ng senado, sasabihin nila na yung impeachment court ay iba, it’s not a legislative body … anong mangyayari? Ike-carry over sa 20th congress? So the 20th congress can decide … sapagkat doon may bagong labingdalawa .. Although … may dalawa o tatlo na galing sa 19th congress na reelectionist … Pero the thing is their term ends June 30 ng tanghali. So panibagong term itong papasukan nila , so they’re part of the new 12 of the 20th congress.
PAT-P: So Sino po ang magdedecide … Supreme Court?
SOTTO: Puwede rin. Pero ako ang tingin ko yung 20th congress ang maganda mag-decide.
So. Clearly, whether or not he is elected senate prez by a majority (13) of his peers in the 20th, Sotto, once the Senate convenes on July 30, will contest the continuity of the impeachment court on grounds that the 20th Senate is a new Senate, 9 of the senators being new members, or something like that. Which means more delays, if not a complete stop to the trial, as in, better luck next time, next year.
But that would smack too much of trapo politics. Absent ba si Sotto when the Senate as continuous body was being explained extensively by legal luminaries in all media?
Atty. Rene Bueno: Kapag impeachment court na ang Senado, puwede magpatuloy na litisin ang complaint … puwede ring i-set aside until after elections. … Marami nang jurisprudence re the Senate as a continuous body, no one can interrupt this function, and the main purpose is to maintain the stability of the government. https://www.youtube.com/
Prof. Antonio Contreras: The concept of the Philippine Senate as a continuing body refers to its structure, composition and functioning, which ensures that its operations continue seamlessly despite periodic changes in its membership. This principle has legal and practical implications, making the Senate distinct from the House of Representatives. https://web.archive.org/
Fr. Ranhilio Aquino: It is instructive that the 1987 Constitution and the 1935 Constitutions of the Philippines have staggered senators’ terms—thus assuring the continuity of the chamber…. https://manilastandard.net/
The trial can continue, pick up where the Senate court leaves off, once the new members have been sworn in. Naturally the newbies are expected to be capable of catching up, or they have no place in those august halls.
Besides, it’s not as if they weren’t keeping tabs on the Senate and QuadComm hearings last year like we all were, and we want to hear it all, prosecution AND defense. Technicalities be damned.