Minutes after it was reported that the Supreme Court En Banc, through a unanimous decision on Friday, July 25, declared that the Articles of Impeachment against Vice President Duterte are unconstitutional, Mamamayang Liberal (ML) Partylist Representative Leila de Lima questioned the ruling.
According to the higher court, the complaint is barred by the one-year rule under Article XI, Section 3(5) of the Constitution and violates the right to due process enshrined in the Bill of Rights.
In a statement on Friday, July 25, de Lima said that declaring the complaint as unconstitutional is “not only unprecedented” but also “procedurally questionable.”
De Lima stated that the House of Representatives, as the principal respondent of the case, was not given the opportunity to file a formal Comment. The lawmaker explained that this is required under Rule 65, Section 6 of the Rules of Court. However, no order was issued.
“Instead of directing the House to file a comment, the Court issued a written interrogatory—a rare, if not irregular, move. Somehow, the Supreme Court treated the House’s compliance with this interrogatory as if it were a formal responsive pleading. But let’s be clear: it was not,” de Lima wrote.
“Paano naglabas ng pinal na desisyon kung wala pang pormal na tugon ang respondent? Even traffic violators are given more due process than what was accorded here. Isang desisyong walang patas na proseso ay isang desisyong nakabitin sa ere,” she added.
The decision, as de Lima described, is an “ex-parte” decision and a “very prohibited action” among judges.
“I respect the Supreme Court. But in a case of this magnitude—transcendental constitutional importance—we must demand clarity, not shortcuts. The public deserves an explanation. The Court must account for this serious departure from established rules of procedure,” de Lima stated.
The lady solon assured the public that it is not vindication, nor exoneration.
“Walang naburang kasalanan. Walang nalinis na pangalan. Teknikal ang desisyon. Ang mga alegasyon ay nananatiling totoo, malubha, at hindi pa nasasagot,” she wrote.
“We must not let this ruling numb our sense of justice. Hindi tayo dapat masanay sa mga lider na hindi napapanagot. Hindi pa tapos ang laban,” she added.
