BULACAN — Baliuag University College of Law Dean Atty. Enrique “Buko” dela Cruz clarified in a legal analysis that under the 1987 Constitution, the Senate, sitting as an Impeachment Court, has no authority to summarily dismiss an impeachment complaint or remand it to the House of Representatives without proceeding to trial.

He shared his legal opinion following the Senate’s decision to return the articles of impeachment against Vice President Sara Duterte to the House, citing alleged constitutional defects.

“Under Article XI, Section 6, of the 1987 Constitution — ‘The Senate shall have the sole power to TRY and DECIDE all cases of impeachment,’” he wrote.

“Trial is required before the Senate (as an Impeachment Court) can decide on the impeachment complaint. This means that a summary dismissal of the impeachment complaint before trial is UNCONSTITUTIONAL,” he added.

He further explained that the idea of “remanding” the articles of impeachment back to the House is equally flawed.

“‘Remanding’ the case or returning the impeachment complaint to the House of Representatives is also not authorized by the constitution. Remanding is a dismissal couched in a different term. It is also unconstitutional as it was done even before the articles of impeachment were read or presented to the Court,” he explained.

Addressing the role of senators sitting as judges, Atty. dela Cruz underscored the need for impartiality and judicial conduct.

“When sitting in an Impeachment Court, the Senators act as Judges. They should be impartial and independent. A Judge is not supposed to file a Motion to Dismiss the case he is supposed to decide. That should be raised by the parties and their counsel.”

“Judges should be impartial, meaning they must make decisions based solely on the law and facts of a case, without letting personal feelings, biases, or loyalty to any person or party influence their judgment. This includes avoiding any appearance of impropriety and maintaining fairness and neutrality,” he concluded.

Atty. Enrique “Buko” dela Cruz is a Senior Partner at DivinaLaw and the inaugural dean of the newly established Baliuag University College of Law. He is also a former Baliwag councilor and former Bulacan Board Member.

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