Koko insists: Senate can start Sara Duterte's trial by March

February 20, 2025 | 5:30pm

MANILA, Philippines — Senate Minority Leader Koko Pimentel argued on Thursday, February 20 that the impeachment trial of Vice President Sara Duterte could potentially begin as early as March, without requiring President Ferdinand Marcos Jr. to declare a special session.

The timing of Duterte's impeachment trial has become a point of contention. Some argue for immediate Senate action, while others, including Senate President Francis Escudero, maintain that the trial will commence in June when the 19th Congress resumes its session and transitions into the 20th Congress by July.

"We can convene as a body and then declare that this is the impeachment court," Pimentel said in mixed Filipino and English during a press briefing on February 20.

Pimentel questioned the necessity of relying on the president to declare a special session of Congress, which would also require House of Representatives members to report for duty.

Only the Senate needed to convene to become an impeachment court. It would be the Senate President and the majority who could call for it, Pimentel said. 

Debate over timing. If for Pimentel, the trial ideally begins in March. Some lawmakers in the 19th Congress who are up for reelection, however, have voiced concerns that holding an impeachment trial during the legislative break could interfere with their campaign activities.

Pimentel dismissed these concerns, emphasizing that participating in an impeachment trial is part of a senator's responsibilities. This was part of the job of a senator, he said.

Citing rules. The minority leader referred to Senate Resolution 39, particularly Rule 10, to argue that the Senate does not need to be in session as a legislative body to proceed with the impeachment trial. He quoted the rule as saying:

"At 2 o’clock in the afternoon, or at such other hour as the Senate may order, of the day appointed for the trial of an impeachment, the legislative business of the Senate, if there be any, shall be suspended, and the Secretary of the Senate shall give notice to the House of Representatives that the Senate is ready to proceed upon the impeachment trial of [blank], in the Senate Chamber."

For Pimentel, even if there is a current legislative business, the matters can be suspended for the impeachment case.

Pimentel also cited Rule 11, which states that:

"The adjournment of the Senate sitting in said trial shall not operate as an adjournment of the Senate as a legislative body."

This implies that while legislative work is suspended, it does not prevent the Senate from functioning as an impeachment court, Pimentel explained.

Caution vs urgency. Despite his push for immediate action, Pimentel acknowledged that there is no immediate need for a decision on when to convene for a trial. Members of the upper chamber could hold a caucus first to deliberate, he suggested.

Escudero, on the other hand, does not see the rush, maintaining that impeachment proceedings should begin after the elections. The Senate president said he wants to avoid any perception of bias on Duterte's part.

While Pimentel said Escudero was right for exercising caution, he argued it could be excessive. He had argued that the use of the term “forthwith” in the Constitution implies that impeachment cases ought to be acted upon immedaitely.

“Sirang-sira ang meaning ng ‘forthwith’ (The meaning of ‘forthwith’ is ruined),” Pimentel said. 

Duterte’s upcoming impeachment trial has proven to be politically divisive, with cases being lodged in the Supreme Court for and against it. The House’s impeachment complaint stemmed from alleged misuse of public funds in the Office of the Vice President, as well as the death threats she made to the president.