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MANILA, Philippines — After Senate President Chiz Escudero spoke with uncertainty about Vice President Sara Duterte’s impeachment trial proceeding in the 20th Congress, congresswoman-elect Leila de Lima insisted the trial is not optional.
“I was expecting more from the statements, from the pronouncements of the Senate president,” De Lima, who represents ML party-list, told reporters on Monday, June 2.
With Congress back in session, she expected Escudero to put an end to doubts about whether a trial would happen. It seems, however, she was mistaken.
“He could have been more categorical,” De Lima said.
READ: Escudero: Senate can’t bind next Congress on Sara Duterte’s impeachment
Despite renewed uncertainty over Duterte’s trial, she said they remain committed to pursuing it, citing the Senate’s constitutional mandate to act on impeachments “forthwith.”
Why the delay?
De Lima reiterated her position on the delayed trial, calling it “clearly violative” of the Constitution after four months have passed since Duterte was impeached.
She said the trial has been repeatedly stalled, the latest of which stemmed from Escudero’s decision to postpone the reading of the impeachment articles from June 2 to June 11.
Duterte was impeached by 215 House members on February 5, with the Senate receiving the articles of impeachment shortly after. However, the upper chamber opted not to tackle the complaint during its final plenary session before going on break for the 2025 elections.
Marcos' call? Throughout the months-long recess, the Senate maintained that it could not convene as an impeachment court while out of session. It argued that only President Ferdinand “Bongbong” Marcos Jr. could call a special session.
Marcos, however, has consistently stayed silent on the trial itself, merely stating that he did not want his vice president impeached. He previously admitted to discouraging House lawmakers from pursuing such efforts.
“For me, the impeachment trial at this stage, the convening of the impeachment court and also the proceeding with the impeachment trial is not optional,” De Lima said in a mix of English and Filipino.
To the Supreme Court
Considering the delay, De Lima said it is likely that Escudero’s suggestion to bring the matter before the Supreme Court will happen, regardless of the next Senate’s decision.
If the Senate skips the trial, the House prosecution panel may file a case before the high court, especially after all the groundwork has already been laid.
The belief that Congress is not a continuing body may not be sufficient for those defending the trial to easily dismiss it on a technicality when Duterte is facing serious charges.
If it proceeds, Duterte’s legal team could challenge the process in court. In fact, both sides have already brought the constitutionality of the delay and the impeachment itself before the Supreme Court.
RELATED: SC urged: Compel Senate to convene impeachment court | Sara Duterte asks Supreme Court to stop impeachment
Uncertainty erodes public trust
The People’s Impeachment Movement also criticized Escudero’s decision to further delay the impeachment proceedings, warning that it could “erode public trust” in the country’s democratic institutions.
A recent survey revealed that nearly nine out of 10 Filipinos believe Duterte should face impeachment charges. In a May 30 interview, the vice president herself said that she “totally agrees” with being tried.
“Paano pa magtitiwala ang taumbayan sa ating mga institusyon kung mismong Senado na inatasang magsagawa ng impeachment trial ay nababahag ang buntot sa pagpapanagot sa Bise Presidente,” Father Bong Sarabia, convenor and co-filer of the third impeachment complaint, said in a statement on Monday.
(How can the public trust our institutions if the Senate itself, tasked with conducting the impeachment trial, is reluctant to hold the Vice President accountable?)
What now?
If Duterte is not tried, legal experts have suggested that the 20th Congress could “restart” the trial with a new set of senator-judges and House-appointed prosecutors.
But if the trial proceeds, Duterte will need at least nine votes in her favor to be acquitted, while 16 votes are required to convict her, which would bar her from running for office again.
