‘Still on recess’: Escudero rejects House request to summon Sara Duterte

MANILA, Philippines – Senate President Francis “Chiz” Escudero on Wednesday, March 26, rejected the request by House prosecutors to issue a writ of summons to Vice President Sara Duterte, directing her to respond to the verified impeachment complaint against her.

Speaking at a media forum, Escudero said the Senate cannot summon the Vice President yet, as Congress is on break and the Senate has not convened as an impeachment court.

“Kapag ka may session ang Senado doon lang sila puwede mag-presenta sila ng Articles of Impeachment at doon lamang rin puwede i-convene ang impeachment court sa pamamagitan ng pagsumpa ng miyembro ng Senado. That can only be done while Congress is in session. Hindi ‘yan puwede gawin kapag naka-recess,” Escudero said.

(When the Senate is in session, that’s when they can present the Articles of Impeachment, and that’s also when the impeachment court can be convened through the oath-taking of Senate members. That can only be done while Congress is in session. It cannot be done during recess.)

“It cannot legally be done. Hindi siya pwede dahil walang sesyon ang Senado (It cannot be done because the Senate is not in session),” he stressed.

The Senate President reiterated that no impeachment trial will occur during the break, reaffirming his proposed start date of July 30. The Vice President was impeached by the House on February 5, the final session day before Congress began its three-month break for the midterm elections. The session is set to resume on June 2.

Based on Escudero’s timeline, the Senate will convene as an impeachment court on June 3. Pre-trial and administrative matters will be addressed before July 30. He previously said that it would be ideal to begin the trial after the new set of senators are sworn in and following President Ferdinand Marcos Jr.’s fourth State of the Nation Address in July.

‘Be more prudent’

On Tuesday, March 25, House prosecutors led by 4Ps Representative Marcelino Libanan wrote to Escudero urging him to direct the Vice President to respond to the impeachment case.

The prosecution referenced the transmittal of the verified impeachment complaint to the Senate on February 5, and cited the constitutional provision that upon impeachment by at least one-third of the House “the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.”

Escudero said he has not sent a formal response to the House but made an apparent swipe at Libanan, saying that he should know better, given his years of experience in Congress.

“Magkasabay kami sa Congreso pumasok noon. Hindi na para sa akin ituro sa kanya ang pagkakaroon ng session at pagkakaroon ng recess. Isa rin ako sa sumulat noong ako ay Kongresista pa lamang ng rules ng Kamara…. Hindi na kailangan i-memorize ‘yan. Alam niya na dapat ‘yan,” Escudero said.

(We both entered Congress at the same time. It’s not for me to teach him about sessions and recesses. I was also one of the lawmakers who helped write the rules of the House when I was still a congressman. He doesn’t need to memorize that. He should already know it.)

The Senate president advised the House prosecution to exercise more prudence and adhere to the law.

“Kung gusto nila makipag-debate, huling payo na lang siguro, natutunan ko bata pa lamang ako. Sa kakamadali, minsan lalong natatanggal. Baka mamaya binibigyan lang nila ng dagdag na rason at armas ang nasasakdal, ang dinedemanda nila, ang ini-impeach nila para kuwestiyunin ang proseso sa Korte Suprema. I would rather be more prudent and more closely faithful to what the law provides,” Escudero said.

(If they want to debate, perhaps the last piece of advice I can offer, something I learned when I was young, is that in haste, things often get undone. They might just be giving the accused, the one being sued, or the one being impeached more reasons and weapons to question the process in the Supreme Court. I would rather be more prudent and stay more closely faithful to what the law provides.)

The Vice President has been in The Hague, Netherlands, since March 13, following the arrest of her father, former President Rodrigo Duterte, by the International Criminal Court. (READ: Sara Duterte says she’s working remotely while in The Hague)

Back home, she herself filed a petition before the Supreme Court questioning the validity of the fourth case that led to her impeachment. In her petition, she argues that the House violated the “one-year bar” rule of the 1987 Constitution, which prohibits initiating impeachment proceedings against the same official more than once within a year. The House did not act on the first three impeachment cases filed against her in December 2024. – Rappler.com