Marcoleta moves for Senate's dismissal of Sara Duterte impeachment case

When the Senate convened its regular session, Marcoleta took the floor and cited the Supreme Court’s (SC) recent decision that found the complaint unconstitutional.

“Mr. President, when the Supreme Court negates the actions of a co-equal branch of government, it does not assert its superiority. Instead, it upholds the supremacy and the dominance of the fundamental law of the land, the Constitution,” Marcoleta said in a privilege speech.

“And so the Supreme Court has already spoken. The last arbiter of law, it says the complaint is unconstitutional, is void ab initio (Latin term for “from the beginning), is violative of due process. The Senate never acquired jurisdiction over this. It is immediately executory.”

“On that note, Mr. President, I respectfully move that the impeachment complaint be dismissed. I so move,” he said.

Taking the floor to interpellate Marcoleta, Senate Minority Leader Vicente “Tito” Sotto III argued that while the SC’s decision was immediately executory, it is not yet final and remains open to appeal.

Sotto also noted that theHouse of Representatives has already filed a motion for reconsideration (MR) with the SC.

"Now that an appeal has been filed, many are asking: ‘If an appeal has already been made, why are we rushing to dismiss this on our end?" the Minority Leader asked.

But Marcoleta was almost certain that the SC is unlikely to reverse its unanimous decision.

"There’s no doubt anymore that even if we file a motion for reconsideration, we’re going against hope. It’s as if we’re wishing for the moon," he said.

Citing his research, Sotto argued that even landmark decisions can be reversed.

The Minority Leader ended his interpellation by moving to table Marcoleta’s “motion to dismiss.”

“A motion to table is a higher precedence than a motion to dismiss,” Sotto said.

Sen. Risa Hontiveros later seconded Sotto’s motion, explaining that “a tabling of the Motion to Dismiss by the Senate today would not be defiance of a Supreme Court.”

"There isn't even a final decision yet. Even the Supreme Court is still waiting for the Vice President's comment," she said in Filipino.

Hontiveros was referring to the high court’s order to Duterte to comment on the MR filed by the House.

“That is why I will be seconding the motion of the Minority Leader to Table the motion to dismiss the impeachment complaint until the decision of the Supreme Court has attained finality,” she went on.

It was the first time in the 20th Congress that the impeachment case against Duterte was discussed in the Senate plenary.

READ: Protesters troop to Senate as it votes on Sara Duterte impeachment

In the 19th Congress, the Senate impeachment court had already convened and issued summons to the parties involved.

Whether the new Senate will proceed with the impeachment trial remains undecided./mcm/abc