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Cecille Suerte Felipe - The Philippine Star
February 17, 2025 | 12:00am
MANILA, Philippines — It was the dilly-dallying by the House of Representatives on the impeachment of Vice President Sara Duterte that made the Senate agree to a July trial or after the May mid-term elections, Sen. Imee said over the weekend.
Marcos has also expressed reservations about the urgency of an impeachment trial as she questioned the House’s last minute transmittal of the articles of impeachment to the Senate.
“We in the entire Senate have agreed to possibly postpone it until July because we’ve been hearing about it for two years, and it’s been sitting in Congress for two months – why was it sent to us at the last minute? It shouldn’t be done this way,” Marcos said.
The House of Representatives transmitted the impeachment complaints against the Vice President to the Senate on Feb. 5, two days before Congress went on recess to pave the way for the midterm elections.
Senate President Francis Escudero said the Senate would tackle the matter only after the resumption of Congress session on June 2.
Some congressmen and various sectors are calling for the immediate convening of a Senate impeachment court, including by having President Marcos call for a special session to allow the chamber to convene as such.
But Escudero explained that even at the opening of session on June 2, the senators would not be able to hold a trial right away as the exercise would require immense preparations.
For one, he said, they still need to adopt permanent impeachment rules – currently being drafted and will be deliberated on during session. Furthermore, Duterte should be given enough time to answer the articles of impeachment – possibly 10 days, or more if an extension is requested, Escudero said.
After Duterte’s submission of her position, Escudero said the prosecution will ask for a response from the chamber.
“From there, the senators can decide to set a pre-trial as is done in court – so with the aforementioned, it will take the June 30, closing of Congress. So the senators – impeachment court judges – wearing robes will be seen in the Senate session hall by July,” he pointed out.
He said if a pre-trial is held and the impeachment trial is done four times a week, the trial will be completed in two to three months.
With the impeachment complaints pending for two years and stalled in Congress for two months, there appears to be no need to rush the case, according to Sen. Marcos.
“That’s why we think it’s not urgent. They waited for two years, then two more months, so it probably isn’t urgent. Let’s just do it in July,” she maintained.
It will die a natural death
For veteran election lawyer Romulo Macalintal, delaying an impeachment trial will leave it to “die a natural death.”
Macalintal said an impeachment trial must proceed now or it would be deemed terminated upon on June 30.
He said the Senate under the 19th Congress is mandated under the law to proceed immediately or without delay to act on an impeachment complaint.
“Otherwise, if the present Senate adopts Senate President Chiz Escudero’s position that the case be taken up by the incoming Senate in the 20th Congress, then it is doomed to fail. In a word, it’s now, or never,” Macalintal said.
Under Senate rules, Macalintal said all pending matters and proceedings shall terminate upon the expiration of one Congress, but may be taken up by the succeeding one as if presented for the first time.
If the next Senate takes up the impeachment case, Macalintal said, such action would be considered a violation of the Constitutional provision that “no impeachment proceedings shall be initiated against the same official more than once within one year.” — Mayen Jaymalin
