June trial, special session: options in Duterte impeachment

Metro Manila, Philippines - Senate President Chiz Escudero is almost certain the impeachment trial of Vice President Sara Duterte will begin in June and be resolved by the next Congress, but some of his fellow veteran lawmakers believe it could happen sooner.

During the Kapihan sa Senado media forum on Thursday, Feb. 6, Escudero explained that the Senate could do little after receiving the articles of impeachment before 5 p.m. on Wednesday - the last session day before the three-month congressional break.

He said the Senate secretariat, led by Secretary Rey Bantug, still needs to complete several tasks, including verifying the 215 signatures of lawmakers who voted for Duterte’s impeachment.

“Ang complaint o ang resolution on impeachment, verified po iyan. Pinanumpaan dapat iyan sa harap ng Secretary General ng Kamara. Susuriin pa po isa-isa ng Secretary ng Senado yung mga pirma kung e-sig ba ‘yun o wet signature. Bawal po ang e-sig dahil kailangan pinanumpaan ito,” Escudero explained.

[Translation: The complaint or the resolution on impeachment is verified. It must be sworn before the Secretary General of the House. The Senate secretary will also review each signature to check if it's an e-signature or a wet signature. E-signatures are not allowed because this needs to be sworn under oath.]

There must be actual signatures from at least one-third of the House, or 103 lawmakers, for the Senate to accept it, Escudero said.

Before 7 p.m. on Wednesday, the Senate adjourned its session without tackling the impeachment. Escudero said the articles of impeachment should be referred to the plenary, and the Senate must convene as an impeachment court during a session, for the trial to begin.

When asked if this means the Senate cannot begin the trial during the session break, Escudero replied, “Legally, it cannot be done.”

His stance differs from that of his fellow lawyer-senator, Minority Leader Aquilino “Koko” Pimentel III.

He said the Senate could waive its rules to convene the impeachment court if no senator objects, although he admitted it is a “very extraordinary situation.”

Special session

Former Senate President Franklin Drilon, another veteran lawmaker, agreed with Escudero that the Senate cannot act on the impeachment complaint without a referral in plenary. However, he suggested a remedy.

“The president can call Congress to a special session for the Senate to perform its constitutional duty of acting as an impeachment court to try the VP,” Drilon said in a statement.

“Calling Congress to a special session to tackle the impeachment complaint is the sole prerogative of the president which cannot be questioned, not even by the Supreme Court,” he added.

For Escudero, however, an impeachment case does not warrant the convening of a special session.

“Sa aking pagkakaalam, ang pagtawag ng special session ay para sa mahalagang bagay at panukalang batas na kailangan ipasa. Ayun sa ating Saligang Batas, hindi ito marahil saklaw ng probisyon kaugnay ng special session. Pero haharapin namin iyun pag nandyan na,” Escudero said.

[Translation: To my knowledge, calling a special session is for important matters and bills that need to be passed. According to our Constitution, this may not fall under the provisions related to special sessions. But we will address it when the time comes.]

In a separate media conference on Thursday, President Ferdinand Marcos Jr. said he is open to calling a special session – but only at the request of senators.

“If the senators ask for this, yes,” Marcos said. He reiterated that he has no involvement in his former running mate’s impeachment, stressing that it is solely the responsibility of Congress.

Next Congress

Escudero does not see enough time for the impeachment trial in the 19th Congress, which resumes its session on June 2, goes on break again on June 14, and adjourns sine die on July 27 – leaving less than two months for the trial.

However, he believes the 20th Congress can continue the impeachment trial, even with a different composition, including 12 senators whose terms last until 2028 and 12 newly elected senators from the May polls.

“Yung mga nakabinbin bang kaso sa Sandiganbayan, sa Comelec, sa Civil Service, sa Court of Appeals, dismissed ba yun pag may nagretire na isang mahistrado? Ang sagot din ay hindi. At un siguro ang pinakamalapit na analogy o comparison na pwede nating gamitin sa impeachment court na collegial court din,” Escudero explained.

[Translation: Cases pending before the Sandiganbayan, Comelec, Civil Service, or the Court of Appeals—are they dismissed when a magistrate retires? The answer is no. And that’s probably the closest analogy or comparison we can use for the impeachment court, which is also a collegial body.]

He acknowledged, however, that this has never been done before and could be challenged in the Supreme Court.

What can happen during the break?

Aside from examining the articles of impeachment, the Senate secretariat will also draft the impeachment rules, which can be approved by the Senate on its first day back in session on June 2, Escudero said.

He jokingly added that the senators who will sit as impeachment judges will also have plenty of time to prepare their robes.

"Importante pa rin yung robe, ika nga, para lamang mapaalala sa kada senador na sila ay nakaupo hindi bilang legislator kundi bilang impeachment judge," Escudero said.

[Translation: The robe is still important, as they say, just to remind each senator that they are sitting not as legislators, but as impeachment judges.]

He has repeatedly advised senators to avoid making public comments on the impeachment to preserve their impartiality.