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'Hindi namin ito mamadaliin. Hindi rin namin ito labis na i-aantala. Hindi kami mag papa-pressure kahit kanino man,' says Senate President Escudero
MANILA, Philippines – Senate President Chiz Escudero said on Thursday, February 6, that the Senate will not hold the impeachment trial against Vice President Sara Duterte during the session break, arguing that the court can only be convened in a plenary session.
“Para mag-convene ang impeachment court, dapat may sesyon ang Senado. Para manumpa ang impeachment judges, kailangan may sesyon ang Senado. Bagaman ang trial pwedeng mag-proceed kahit na recess, tulad ng nangyari kay dating at yumaong Chief Justice [Renato] Corona, dapat ito ay masimulan, ma-convene, at mapanumpa ang mga judges kapag may session,” Escudero said.
(In order for the impeachment court to convene, the Senate must be in session. For the impeachment judges to take their oath, the Senate must be in session. Although the trial can proceed even during recess, like what happened with the late Chief Justice [Renato] Corona, it must begin, be convened, and the judges must take their oath when the Senate is in session.)
Escudero made the announcement a day after Duterte was impeached by the House on February 5. The impeachment was based on allegations of betrayal of public trust, culpable violation of the Constitution, bribery, graft and corruption, and other high crimes. This followed a resolution signed by 215 lawmakers which fast-tracked the impeachment.
The impeachment took place on the final day of the congressional session, with the complaint being sent to the Senate in Pasay City later that afternoon. The timing of the proceeding is significant, as seven senators are running for reelection and campaigning during the three-month break.
The Senate president said they might convene the impeachment court on June 2 when their session resumes. However, during the break, Escudero noted that they can begin drafting the rules for the Senate trial, as the current rules, last used during the impeachment trial of Corona in 2012, need to be updated.
“Maraming kailangan i-update sa rules. Hindi pa na na-update ang rules nung ma-impeach si dating CJ Renato Corona. Hindi namin ito mamadaliin. Hindi rin namin ito labis na i-aanaatala. Hindi kami mag papa pressure kahit kanino man,” he said.
(Many updates are needed in the rules. The rules were not updated when former CJ Renato Corona was impeached. We will not rush this. We will not delay it excessively either. We will not be pressured by anyone.)
Escudero also said they were unable to convene the impeachment court during the last session on Wednesday afternoon since they first needed to thoroughly review the extensive documents and verify the signatories.
“Kung nagpabanjing-banjing sila gawin ito, siguro wala naman silang basehan ngayon na madaliin kami lalo na nasa huling araw na ng sesyon yan pinadala sa amin halos mag-a-alas singko pa ng hapon,” Escudero said, alluding to the House lawmakers who acted on the impeachment complaint two months after the first case was filed.
(If they had stalled on this [impeachment complaint], they probably have no basis to rush us, especially since it was sent to us on the last day of the session, almost at 5 pm.)
On December 2, 2024, an impeachment complaint was filed by civil society groups against the Vice President. This was followed by a second one on December 4, and a third one on December 19.
A number of critics, however, argued that the Senate could begin the trial even while on break, as the trial is distinct from its usual legislative proceedings. They emphasized that senators would serve as jurors, not lawmakers.
Countering these critics, Escudero said the Senate could start the trial, but that would be illegal. He cited the Senate’s rules on impeachment, specifically Resolution 39, which states: “When the Senate receives articles of impeachment pursuant to Article XI, Sections 2 and 3 of the Constitution, the President of the Senate shall inform the House of Representatives that the Senate shall take proper order on the subject of impeachment and shall be ready to receive the prosecutors at such time and date as the Senate may specify.”
Special session?
What if President Ferdinand Marcos Jr. asks the Senate to hold a special session to convene as an impeachment court during recess?
Escudero said special sessions are only held for urgent legislative matters, such as acting on pending bills, and that impeachment proceedings do not qualify for it.
Optically, it would not reflect well on the President to use his power to fast-track Duterte’s removal. He has since distanced himself from the impeachment, saying that he would never intervene out of respect for Congress as a co-equal branch.
The Vice President, as of posting, has yet to issue a statement about her impeachment. – Rappler.com
