Possible Duterte impeachment trial during break, could extend to next Congress – Escudero

Metro Manila, Philippines – If Vice President Sara Duterte’s impeachment reaches the Senate, its leadership said proceedings could be held during the session break and may extend to the next Congress, depending on the decision of the chamber.

Duterte faces two impeachment complaints endorsed by lawmakers, initiating the process in the House of Representatives. She gets impeached if at least one-third of the House votes in favor, sending the case to the Senate, which will serve as the impeachment court for trial.

Senate President Pro Tempore Jinggoy Estrada earlier said there is not enough time for the impeachment case to prosper since the 19th Congress will adjourn in June 2025, not to mention session breaks.

However, during Thursday’s Kapihan sa Senado media forum, Senate President Francis “Chiz” Escudero clarified that impeachment proceedings can still be held during recess.

“Ang impeachment proceeding ay unique na proseso na hindi saklaw at labas sa ordinaryong sesyon ng Senado kung saan kailangan nagsesesyon din ang aming counterpart sa Kamara de Representantes kung – may malaking kung – yan ang pagpapasyahan ng impeachment court,” Escudero said.

[Translation: The impeachment proceeding is a unique process that is not covered by and operates outside the ordinary session of the Senate, where it also requires our counterpart in the House of Representatives to be in session—if, and that’s a big if—the impeachment court decides so.]

Escudero said apart from determining the trial schedule, the impeachment court shall also decide on what to do if the proceedings are incomplete before the 19th Congress adjourns.

“Katulad ba ito ng ibang bill na kailangang magsimula ulit? Back to square one o magsu-survive ba ito ng 19th congress at tatawid sa 20th congress? Isa yon kung mangyayari yan, kung mapa-file nga sa amin, isa yon sa dapat naming tignan, suriin at pag-aralan,” he said.

[Translation: Is this like other bills that need to start over? Back to square one, or will it survive the 19th Congress and carry over to the 20th Congress? That’s something we need to look into, assess, and study if it indeed reaches us.]

“At tiyak ko may magkukwestiyon sa korte niyan dahil unique at bagong proseso ito [And I'm sure there will be questions in court about that because this is a unique and new process],” he said.

Escudero declined to comment on the specifics of the impeachment complaints against Duterte, in line with his directive to colleagues to refrain from discussing the matter publicly to avoid allegations of partiality if they sit as impeachment court judges.

A common allegation in the complaints is Duterte’s alleged misuse of millions of pesos in confidential funds, which they argue constitutes a betrayal of public trust, a ground for impeachment. The vice president, herself a lawyer, has yet to comment on the impeachment raps.

Asked about the process in case Duterte is ousted, Escudero said President Ferdinand Marcos Jr. would need to appoint a lawmaker at least 40 years of age from either the House or the Senate, as the new vice president — a decision that must be confirmed by a majority vote of both houses, voting separately.