Senator Francis Tolentino said the Senate impeachment court's decision to return the Articles of Impeachment to the House was in accordance with the Rules of Court.

Tolentino, who is outgoing, is one of the 18 senator-judges who favored the motion presented by Senator Allan Peter Cayetano to remand the articles of impeachment to the House of Representatives.

In a radio interview, Tolentino said they adopted the Rules of Court as a supplementary rule, citing Section 5 of Rule 135 which states the inherent powers of the court.

"The inherent powers of the court mean the judges have essential and implicit powers, even if it is not stated by the law, to implement their processes," Tolentino said.

Tolentino said the inherent powers include contempt power, the power to issue writs, the power to control proceedings, the power to protect its jurisdiction, and the power to amend processes.

"It is stated in Section 5 of Rule 135 of the Rules of the Court the inherent power of the court to return, it is there," Tolentino said.

He also cited Section 6 of Rule 135, entitled "Means to carry jurisdiction into effect" which states that "any suitable process or mode of proceeding may be adopted which appears comfortable to the spirit of the said law or rules."

"The remanding is allowed by the rules of court," Tolentino said.

"It can be returned since we adopted the Rules of Court as a supplemental character," he added.

The House prosecution panel, according to Tolentino, must follow the order of the Senate impeachment court as one of the inherent powers of the Court states, "compel obedience to its judgments, orders, and processes, and to the lawful orders of a judge out of court, in a case pending therein."

"This is not the co-equal branch of the legislative branch. This is now the trial court," Tolentino said.

Tolentino stated that the House can still file a clarificatory motion "to seek guidance on the impeachment court."

"The impeachment court is still alive. It has not adjourned yet," Tolentino said.

In a press conference last June 10, Batangas Rep-elect Gerville Luistro stated that the House prosecution panel would file a motion for clarification following the impeachment court's order. Kate Christian Ravelo/DMS