Without the words “immediately executory” and the phrase on 25 July 2025 which held among others that the Articles of Impeachment are null and void ab initio and that the Senate did not acquire jurisdiction over the same, I would have voted in favor of the amended motion because I have always maintained that we must respect and not disobey the Supreme Court.
But since there is still a pending motion for reconsideration filed by the House of Representatives through the Solicitor General, I believe that the July 25 ruling is by no means final, until it rules on the motion for reconsideration with finality.
That being said, I would rather wait, not preempt, the final ruling of the High Court.
It is for these reasons that I abstain, Mr. President.
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Sen. Lacson’s Manifestation and Parliamentary Inquiry
This is not an interpellation. Rather, this is a manifestation to be followed by a parliamentary inquiry.
Mr. President, I’ve been diligently reading and reviewing the rules of the Senate since I’ve been out of this august chamber for three years. Nowhere in our rules can I find a provision on a motion to dismiss as submitted by the honorable gentleman from Tarlac. Neither is there a suppletory application of the rules of court to offer space for such motion to dismiss, except perhaps in the committees performing their legislative inquiries in aid of legislation.
Obviously, we are now assembled in plenary not as an impeachment court but as a legislative body. And I cannot relate to a motion in this plenary to an issue that involves a collective decision that falls solely and exclusively under the jurisdiction and authority of an impeachment court.
Having said that Mr. President, my parliamentary inquiry is of course addressed to the Senate President.
Mr. President, how do we deal with the pending motion? I refer to the motion to dismiss. Shall we even take it up or deal with it? Kasi wala po sa rules natin. Wala tayo pong guidelines kasi wala po sa rules natin ang motion to dismiss. So anong guidelines ang susundin natin in addressing the motion to dismiss submitted by the Hon. Marcoleta? Assuming that the motion is voted upon and adopted by this body, what if? What if, Mr. President, the Supreme Court, reverses itself when it rules on the MR filed by the House of Representatives through the SolGen? Shall we also backtrack and reverse ourselves in dismissing the impeachment case? I pose that question Mr. President.
[SP Escudero responds: … We will cross that bridge once we put it to a vote]
I go back to my previous question, Mr. President. Anong gagawin natin sa motion to dismiss? How do we deal with it? We are in plenary as a legislative body. We’re not an impeachment court. Yan ang tanong ko Mr. President, yan ang essence ng aking parliamentary inquiry.
[After Sen. Marcoleta responds]
Again, I refer to our rules Mr. President. Wala rin akong makitang suppletory application sa rules of the Senate pagdating sa plenaryo. Pwedeng gamitin ito sa mga committee hearings, inquiry in aid of legislation. But we are not there. We’re in plenary. Maski po basahin natin ng 100 beses ang ating rules of the Senate, walang suppletory application sa ating rules. Thank you Mr. President.
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Sen. Lacson Corrects Possible Misimpression by Sen. Marcoleta’s Interpretation of Sec. 135
Gusto ko lamang pong itama ang misimpression that may have been created by the interpretation of the Hon. Marcoleta sa Sec. 135.
Sabi niya, ang suppletory application of the Rules of Court. Basahin ko po ang Sec. 135, Mr. President: If there is no Rule applicable to a specific case, the precedents of the Legislative Department of the Philippines shall be resorted to, and as supplement to these, the Rules contained in Jefferson’s Manual, Riddick’s Precedents and Practices, and Hind’s Precedents.
E wala naman po akong nakita sa enumeration na Rules of Court. Di ba po sabi ng mga abogado, Expressio unius est exclusio alterius – What is expressly included excludes all others. So wala namang Rules of Court. So gusto ko pong itama ang medyo hilaw pong interpretation ng ating Hon. Marcoleta. Maraming salamat Mr. President.
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