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MANILA, Philippines — Senate President Chiz Escudero believes the impeachment court’s move to return the articles of impeachment to the House did not delay the process but instead expedited it.
At a press conference on Wednesday, June 11, Escudero said no delay could happen since nothing could proceed until the House complies with the Senate’s order.
He added that the impeachment court convened a day earlier than scheduled following a motion from Senators Bato dela Rosa and Alan Peter Cayetano questioning the impeachment complaint.
“Pero paano makakdelay eh wala naman pwedeng mangyari. In fact, mapapabilis pa dahil habang nakarecess kami, habang walang trial, habang hindi pa pumapasok ang 20th Congress ay magagawa nila to at mapaghahandaan,” he said.
(But how can we delay it if nothing can happen now. In fact, it will even be expedited because while we are in recess, while there is no trial, while the 20th Congress has not yet entered, they work on this and prepare for it.)
The Senate president reminded that the impeachment court had already issued a writ of summons to Vice President Sara Duterte, which her office received on Wednesday.
“So asan ang delay? Isa lamang ang pwede naming magawa: magissue ng summons. Nagawa namin ‘yun,” he added.
(So, where is the delay? There is only one thing we could have done: issue summons. We did that.)
Escudero urged the House prosecution panel to instead work on the Senate’s order to issue a certification clearing the impeachment complaint of any “constitutional infirmities” as alleged by some senator-judges.
“Itong paghingi namin ng impormasyon, dagdag trabaho siguro sa prosecution pero ano naman ngayon akala ko gigil na gigila sila rito?” he said.
(This request for information, maybe it's extra work for the prosecution, but what now? I thought they were eager about the impeachment trial?)
“E di trabahuin nila,” he added. (Then they should work on it.)
Not co-equal branches?
Escudero also insisted that the Senate is no longer acting as a co-equal branch of government with the House now that it is sitting as an impeachment court.
“Hindi kami magkapantay pagdating sa bagay na ito. Hindi ito House at Senate kung saan co-equal ang mga ahensyang ‘yan,” he said.
(We are not equal when it comes to this matter. This is not the House and Senate, where those agencies are co-equal.)
He stressed that there is “no place” for the House to disregard the Senate’s order.
“Ito ay kautusan galing sa impeachment court na nakatuon sa prosecutor na isa lamang partido sa kaso,” Escudero said. “Hindi magkapantay ang partido at ang korte saan mang kaso, saan man parte ng mundo.”
(This is an order from the impeachment court that focuses on the prosecutor, who is only a party to the case. The parties and the court are not equal in any case, anywhere in the world.)
Escudero also believes that the Senate, sitting as an impeachment court, also has the power to question the constitutionality of matters within its jurisdiction.
Christian Monsod, one of the 1987 Constitution’s framers, argued that the Senate should only be trying Duterte’s impeachment case.
After all, the vice president herself has already questioned the constitutionality of her impeachment before the Supreme Court.
RELATED: Senate’s job is to try Duterte, not question constitutionality, says framer
Inconsistencies
Escudero appeared inconsistent in his arguments. When asked about the motion to dismiss or return the articles of impeachment, he responded by asking the media whether the rules explicitly prohibited such motions.
He added that both the complainant and the respondent should have the right to file motions
However, it was the senator-judges — not the defendant — who raised concerns over the alleged “constitutional infirmities” in the complaint, which they later voted to return to the House.
Several legal experts, including Senators Risa Hontiveros and Koko Pimentel, contend that the defendant should be the one to bring forth such concerns before the court — not the senator-judges who have to remain impartial.
After arguing that no rules prohibit the filing of such motions, several senators maintain that the Senate is not a continuing body, noting that neither the Constitution nor existing rules state that impeachment proceedings could carry over into the next Congress.
Citing this position and relevant jurisprudence, Escudero insists that the current Senate cannot bind the 20th Congress.
However, there is also jurisprudence supporting the view that the Senate is a continuing body — a position several law schools have cited.
Senator-judges like Sara's lawyers? Escudero said that while some senator-judges are aligned with the Dutertes, there are also those who oppose the vice president.
Meanwhile, the House has yet to receive the articles of impeachment that the Senate voted to return.
