Pangilinan: Joint statement

JOINT STATEMENT
On the Supreme Court's Ruling Halting the Impeachment Trial of Vice President Sara Duterte

We respectfully disagree with the Supreme Court's ruling that halted the Senate's constitutional duty to try the impeachment complaint against Vice President Sara Duterte.

Congress, acting in good faith and following prevailing jurisprudence, followed the law in initiating and transmitting the complaint. To retroactively apply a new definition of what it means to "initiate" an impeachment case--after the fact--can be likened to changing the rules in the middle of the game. It is unfair.

Former Supreme Court Justice Adolfo Azcuna, a respected constitutionalist and framer, called it what it is: legally defensible, perhaps, but grossly unfair.

We therefore urge the Supreme Court to reconsider and apply two principles it has long upheld:

•  The Fairness Principle -- that retroactive application of new legal interpretations should not harm those who relied in good faith on old ones; and

•  The Doctrine of Operative Facts -- that actions already taken under a prior, valid interpretation should be recognized as legally effective.

In doing so, the Court would not be undermining its power of review, but rather giving full effect to all branches of government, consistent with the doctrine established in Civil Liberties Union vs. Executive Secretary--that no constitutional provision should be read in a way that negates another. The powers of the Court, the House of Representatives, and the Senate must all be given proper and balanced effect.

We did not swear an oath only to protect positions by way of technicalities. We swore to protect the Constitution--and the right of every Filipino to demand truth and justice.

If we allow this precedent to stand, we risk silencing the very process meant to keep power in check.

We call on our fellow citizens, on every institution that still believes in accountability, and on the Supreme Court itself: harmonize the seemingly conflicting provisions of the Constitution on Judicial review and the exclusive powers of Congress.

-- Sen. Francis "Kiko" Pangilinan

-- Sen. Risa Hontiveros

-- Sen. Bam Aquino

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