EDITORIAL — Not optional, but a duty

When the independent republics of the Senate don’t want to do something, they find impressive ways of shirking even a constitutional duty. This is a common perception as the 19th Congress enters the final days before its sine die adjournment.

While legislative duties will soon be over, the Senate also has a quasi-judicial function, which is to constitute itself as an impeachment court to try an official upon receipt of Articles of Impeachment from the House of Representatives.

In the case of the Articles of Impeachment against Vice President Sara Duterte, these were formally received by the Senate way back on Feb. 4.

Article XI of the Constitution, on the accountability of public officials, specifically states that the Senate must begin the impeachment trial “forthwith” upon receipt of the formal indictment from the House. “Forthwith” has instead come to mean four months of waiting for the trial to begin.

During those four months, half of the senators busied themselves with the election campaign. Some found time to conduct inquiries, including one questioning the arrest of former president Rodrigo Duterte and turnover to the Interpol and subsequently to the International Criminal Court in The Hague.

Some of the senators who will try the impeachment case have openly shown that they have already prejudged it even before reading the formal charges and receiving the evidence.

So far, the most noteworthy preparations for the trial have been the reservation of rooms for the proceedings as well as the senators’ fitting of the robes they will use, in a color the chamber described in an official statement as “Oxford crimson.”

That sounds more like preparations for Paris fashion week than proceedings to promote public accountability and good governance. Perhaps the senators would rather join their colleague, Robinhood Padilla, in a European jaunt as the 19th Congress ends its regular session in a few days.

Sen. Ronald dela Rosa has owned up to the circulation of a resolution calling for the Senate to simply forgo a trial and junk the Articles of Impeachment.

This novel scheme he describes as a “de facto dismissal” is premised on the argument that time has run out, and that the trial cannot be carried over anyway to the 20th Congress – a point disputed by many constitutional experts, and which may have to be settled by the Supreme Court.

But unless the SC, whose members can be removed by impeachment, decides to intervene, senators cannot second-guess the tribunal, and must proceed with a specific constitutional mandate in handling impeachment complaints.

This is not optional on the part of senators, and their dereliction of duty is a disgrace.