Demanding; remanded

On Tuesday, June 10, the Senate, acting as an Impeachment Court, decided 18-5-0 to remand or return to the House of Representatives the Articles of Impeachment against Vice President Sara Duterte.

- TONY LOPEZ

The vote to remand is without dismissing nor terminating the case. And until such time that:

1. The House of Representatives certifies to the non-violation of Art. XI (Accountability of Public Officials), Section 3, paragraph 5 of the Constitution, which provides that "No impeachment proceedings shall be initiated against the same official more than once within a period of one year;" including the circumstances on the filing of the first three impeachment complaints; and

2. The House of Representatives of the 20th Congress communicates to the Senate that it is willing and ready to pursue the impeachment complaint against the Vice President.

With 18 affirmative votes, five negative, and 0 abstentions, the Senate Impeachment Court acted on the motion of Senator-Judge Alan Cayetano to amend the motion of Senator Bato dela Rosa to dismiss the case outright.

Returning the case to the House has these implications (to me, as a non-lawyer):

1. The Senate, acting as the Impeachment Court, effectively took notice of the case. Whether taking cognizance of the case against Sara Duterte is the same as starting her trial is something for the lawyers of the House and, eventually, the Supreme Court justices to decide, in case somebody nitpicks about the issue.

2. It drew political battle lines. You need 16 votes to convict an impeached official, in this case, VP Sara. The pro-Sara senators number 18, it seems. Because only five voted not to remand the impeachment articles back to the House. At the start of what seems now is a trial, the pro-Sara majority has the numbers – either to acquit or to convict. Overwhelming, either way.