Senators ask Supreme Court to apply fairness doctrine in Sara Duterte case
MANILA, Philippines — Several senators have signed a resolution urging the Supreme Court to reconsider its recent decision that declared the impeachment of Vice President Sara Duterte unconstitutional.
Sen. Kiko Pangilinan confirmed that the resolution was signed by himself, Sen. Bam Aquino, Senate Minority Leader Tito Sotto, and Deputy Minority Leader Risa Hontiveros.
The resolution, released to the media, cites the views of former SC Associate Justice Adolfo Azcuna, who said the ruling may be legal but was ultimately unfair.
Azcuna noted that the high court redefined what constitutes “initiating” an impeachment complaint—an interpretation that also appeared to contradict a prior Supreme Court ruling that the House of Representatives had complied with.
Citing Azuna, the resolution argued that the SC should apply the “Doctrine of Operative Facts,” which recognizes as valid any actions taken based on a previously accepted legal interpretation.
A reconsideration, the senators said, would reconcile the constitutional functions of the high court, the House, and the Senate.
“It is hereby resolved, to express its profound sense that the Supreme Court consider the application of the Fairness Principle and the Doctrine of Operative Facts in the context of the impeachment proceedings, to ensure that actions taken in reliance on previously established legal definitions are recognized as valid, and that any new interpretations are applied prospectively,” the resolution read.
In a unanimous and unexpected decision, the SC had earlier ruled Duterte’s impeachment unconstitutional, declaring that the House violated the one-year ban by acting on the fourth of four filed complaints.
Many of Duterte’s allies in the Senate welcomed the ruling, with several already having stated that they would vote to acquit her in an impeachment trial.
The Senate is expected to discuss its next steps regarding the impeachment on August 6.
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