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MANILA, Philippines — Impeachment shouldn’t die with Congress, House prosecutors argue. It must proceed “forthwith,” as required by the Constitution, because it isn’t a legislative power that expires with each term.
The Senate, however, will vote on June 11 to decide whether to convene as an impeachment court for Vice President Sara Duterte’s trial.
This comes after Senate President Chiz Escudero postponed the proceedings, abruptly abandoning the tentative schedule he had set for the trial, including the convening of the court and the oath-taking of the new senator-judges.
For Rep. Lorenz Defensor (Iloilo, 3rd District), an appointed prosecutor, whatever senators decide will only reflect their commitment to the people’s mandate.
In an interview with DZBB on Tuesday, June 3, Defensor described impeachment as a “political process,” not a legislative one, echoing jurisprudence that considers the Senate a continuing body, unlike the House of Representatives, which is entirely reconstituted every term.
The Constitution ensures continuity in the 24-seat Senate by allowing 12 sitting senators to serve alongside 12 newly elected colleagues each term.
“Sa ilalim ng ating konstitusyon, ang impeachment trial shall proceed forthwith at walang kondisyon ang ating konstitusyon na dapat magadjourn ito kasama ang pagadjourn ng Senado,” Defensor said.
(Under our Constitution, the impeachment trial shall proceed forthwith and the Constitution has no condition that it must adjourn along with the Senate.)
RELATED: Escudero: Senate can’t bind next Congress on Sara Duterte’s impeachment
A vote suddenly on the table?
It has been nearly four months since 215 House members impeached Duterte, exceeding the one-third threshold to bring her to trial.
Escudero previously set a schedule for the impeachment trial even during the break, from the reading of articles on June 2 to the actual trial itself in July, after new senator-judges are sworn in.
He also insisted the trial occur after the elections, despite calls for urgency, arguing a special session sought by the president would be necessary.
Despite robes and equipment already being readied, the option of a Senate vote on whether the trial will proceed is now suddenly on the table, on top of the postponement made.
“Hindi tama na kailangan pang pagbotohan ng Senado ‘yan kasi hindi tayo nawawalan kahit man ng senador. Pag nagtapos itong 19th Congress, automatic may papasok na bagong doseng senador sa june 30,” Defensor said.
(It’s not right that the Senate still has to vote on that because we never lose senators. When the 19th Congress ends, a new set of 12 senators will automatically come in on June 30.)
RELATED: Will Sara impeach trial push through?
The truth can't wait
He also argued that an impeachment case against a high-ranking official should be addressed immediately, leaving no room for doubt about the truth of the charges.
Supporters of Duterte or not, the entire country must call for accountability to know if the vice president is guilty or innocent.
Duterte stands accused under seven articles of impeachment, which cover allegations ranging from misuse of confidential funds to ghost expenses, bribery, grave abuse of power and misconduct.
“This is tantamount to abandonment of the Senate’s duty to the constitution and to the people,” Defensor said, adding that it should not shut the door on accountability for high crimes and betrayal of public trust.
According to the House prosecutor, the only time the issue of delay would reach the Supreme Court is if the Senate’s decision is deemed a grave abuse of discretion or a wrongful interpretation of the law.
If Congress reaches that point, Defensor said it would likely be important to wait for the Supreme Court’s ruling on the impeachment, especially with petitions already filed seeking to nullify or compel the Senate to proceed.
