Tito Sotto says senator-judges can’t make motions in Impeachment Court: “Aral-aral muna bago putak”

• Former Senate President Vicente “Tito” Sotto III asserted that senator-judges in an impeachment court can only ask for clarifications and are not permitted to make motions

• He cited the teachings of the late Senator Miriam Defensor-Santiago about what senator-judges can do in an impeachment court

• Sotto deemed the Senate’s decision to remand Vice President Sara Duterte’s articles of impeachment back to the House, based on a senator-judge's motion, as “flawed,” arguing only the defense and prosecution can file motions

• Legal experts, including law school dean Chel Diokno, supported Sotto’s view, stating that judges in a court setting are meant to rule on motions, not file them, while the House prosecution seeks clarification on the remand

Former Senate President and incoming senator of the 20th Congress, Vicente “Tito” Sotto III, has weighed in on the ongoing debate surrounding the impeachment proceedings against Vice President Sara Duterte, asserting that senator-judges in an impeachment court are not permitted to make motions, and can only ask for clarifications.

The legislator cited the late Senator Miriam Defensor-Santiago, a former Regional Trial Court (RTC) judge, as his source for this interpretation of impeachment trial rules.

Sen. Sotto’s comments come in the wake of the Senate’s decision to remand the articles of impeachment against Duterte back to the House of Representatives.

This move, approved by 18 senator-judges, was based on a motion raised by Senator Alan Peter Cayetano.

The rationale behind the remand was to address concerns about potential breaches of constitutional limits and jurisdictional boundaries, specifically regarding the rule allowing only one impeachment complaint per official and potential intrusion into the authority of the incoming 20th Congress.

TitoSen, however, argues that this action is flawed. In a message to reporters, he stated that only the defense and prosecution are allowed to file motions in an impeachment trial.

“Sen. Miriam, who was a former RTC judge, taught me that in the 11th Congress,” Sotto said. “Senator-judges can only ask questions for clarification.”

He urged current senators, particularly newer members, to review Senate rules and past debates from the 11th Congress, where the first impeachment was thoroughly discussed.

Sotto emphasized that the absence of an explicit prohibition against returning articles of impeachment does not automatically make it permissible.

Legal experts have also voiced criticism of the Senate’s decision. Chel Diokno, a law school dean, reminded the Senate that in a court setting, judges are to rule on motions, not file them.

The House prosecution team has announced its intention to file a motion seeking clarification from the Senate regarding the remand.

Batangas 2nd District Representative Gerville Luistro, a member of the prosecution team, stated that the House would defer accepting the returned articles until their questions are answered, clarifying that this is not defiance, but a pursuit of legal clarity.

Adding to the complexity, San Juan City Representative Ysabel Maria Zamora, also part of the prosecution team, questioned the basis for Duterte’s response to the Senate's summons if the articles of impeachment have been returned to the House.

Sen. Sotto believes that the remanding of the articles can be corrected by the 20th Congress. He stated, “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.”

The impeachment proceedings against Vice President Duterte stemmed from a complaint filed by 215 lawmakers on February 5, citing alleged misuse of confidential funds and threats directed at President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and House Speaker Ferdinand Martin Romualdez.

The articles of impeachment were promptly transmitted to the Senate, as mandated by the 1987 Constitution, which dictates that a trial must commence without delay if at least one-third of House members endorse the complaint.

The Senate’s decision to remand the articles of impeachment has introduced a layer of uncertainty into the process.

While it remains to be seen how these developments will unfold, the core legal question persists: Do senator-judges have the authority to introduce motions in an impeachment court, or are they limited to clarifying questions, as Sotto contends, citing the guidance of Miriam Defensor Santiago?

The answer will significantly shape the trajectory of this unprecedented case.

News, photos or videos that arouse the interest of netizens would often go viral on social media, due to the attention netizens give them. These viral posts appeal to the emotions of netizens, and in rare cases, such could also happen to ordinary people, making them very relatable.

Recently, the senator-elect paid tribute to Freddie Aguilar, calling him one of the best singer/composers he ever produced. He expressed heartfelt admiration on social media, saying Aguilar will now perform for a far greater audience, accompanied by praying hands and heart emojis. Freddie Aguilar, known for his iconic song Anak, made a lasting mark on Filipino music with powerful, socially relevant compositions. Sotto and Aguilar shared a long-standing professional and personal connection from their time in the OPM scene, making the tribute especially meaningful.

Last month, TitoSen confirmed there are ongoing talks between him and some senators for the Senate Presidency. The senator-elect revealed that several colleagues have approached him, expressing their support for his potential leadership bid in the 20th Congress. The incoming senator then expressed his willingness to accept the Senate Presidency if he has the support of the majority. He then indicated his readiness to lead if he secures the backing of at least 13 senators, as required by Senate rules.

Source: KAMI.com.gh