3 senators disagree with SC's impeachment ruling, here's why
By Dhel Nazario
Published Jul 28, 2025 02:49 pm
At A Glance
- Senators Risa Hontiveros, Bam Aquino, and Kiko Pangilinan criticized the Supreme Court's ruling halting the Senate impeachment trial of VP Sara Duterte as unfair and urged the Court to reconsider by upholding principles of fairness, legal consistency, and respect for the constitutional powers of Congress.
Three senators expressed disagreement with the Supreme Court’s (SC) ruling that halted the Senate’s constitutional duty to try the impeachment complaint against Vice President Sara Duterte.
In a joint statement, Senators Risa Hontiveros, Bam Aquino, and Francis "Kiko" Pangilinan said that 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," they said.
Former Supreme Court Justice Adolfo Azcuna, a respected constitutionalist and framer, called it what it is: legally defensible, perhaps, but grossly unfair.
They then urged the SC 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.
They added that they 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," they said.
"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," they added.