It would be illegal, according to Senate President Francis "Chiz" Escudero to convene the Senate as an impeachment court while the Congress is not in session.
Escudero said this in a press conference Wednesday, Feb. 19, amid mounting pressures directed at the upper chamber to act on Vice President Sara Duterte's impeachment complaint. But for the senator, doing so is no longer within the bounds of law.
"Iligal na mag-convene ako ngayon dahil wala kaming sesyon. Ayaw kong madaliin dahil nag-relax ang Kamara ng dalawang buwan tapos mamadaliin kami ngayon (It's illegal for me to convene now because we don't have a session. I don't want to rush since the House relaxed for two months and now we're being hurried)," he added.
In reaction to a letter sent by Senate Minority Leader Aquilino "Koko" Pimentel III, Escudero also said that it's not in the Constitution that they will "immediately" convene. He stated that it only indicates that they “shall proceed with trial forthwith."
Escudero added that it was Pimentel himself who said that 10 days each for the parties to file and exchange pleadings (after rules are approved) will eat up the period up to June 30 and beyond.
"Magfa-file pa ng answer si VP Sara, magpa-file ng reply ang kabila ang prosecutors. Maaaring mag-file ng rejoinder si VP Sara, maaaring mag-file ng sur-rejoinder ang prosecutor, maaaring mag-file ng anumang ad cautelam pleading ang magkabilang panig. Bago kami makapag set ng pre-trial (VP Sara will file an answer, the prosecutors will file a reply, VP Sara might file a rejoinder, the prosecutor might file a sur-rejoinder, and both sides might file any ad cautelam pleadings. All this before we can set a pre-trial)," he said.
In a letter dated Feb. 14, Pimentel emphasized the constitutional mandate requiring the Senate to act “forthwith” on the impeachment case of Duterte. Pimentel cited Article XI, Section 3, paragraph 4 of the 1987 Constitution wherein the much-debated phrase "trial by the Senate shall forthwith proceed" can be found.
According to Pimentel, since it is a constitutional provision or term that's being given meaning to, the term “forthwith” must be interpreted in accordance with the Verba Legis Rule, that is, it should be given its “plain and ordinary meaning”.
Meanwhile, in reaction to the position paper submitted by Bayan Muna chairperson Neri Colmenares before the Senate, asking it to immediately convene as an impeachment court and expedite Duterte's trial, Escudero said they cannot rush the process since they sat on the complaint for two months even though it's indicated under the House's rules that it should be referred "immediately" to the Speaker.
"Sino naman sila ngayon para madaliin kami samantalang sila naman at tila hindi nagmamadali kaugnay sa kanilang reklamo mismo? (Who are they now to rush us when they themselves don't seem to be in a hurry regarding their own complaint?)" he said.
On the part that they can conduct a preliminary action such as sending a copy of the verified complaint to Duterte, Escudero said that he tends to agree with Colmenares; however, "prudence is the better part of valor" as this is not clearly stated in the rules, and that's one of the things they're studying to clarify in the rules.
On the other hand, in relation to the Supreme Court's (SC) order asking the Senate to answer in a non-extendible period of 10 days the petition seeking the immediate trial of the impeachment complaint, Escudero said that they have referred to this to the Solicitor General.
"Ni-refer namin ang bagay na ‘yan sa Solicitor General’s Office bilang abogado na tumatayo sa pamahalaan, SolGen ang sasagot, SolGen ang a-appear, SolGen ang magha-handle ng kaso para sa Senado (We referred that matter to the Solicitor General’s Office, as they serve as the government's attorney. The Solicitor General will respond, appear, and handle the case for the Senate)," he said.
"So ang Senado mismo walang ginagawang pagsagot o preparasyon para sagutin ‘yon. SolGen ang tatayong abogado ng Senado doon (The Senate itself is not making any response or preparation to address that. The Solicitor General will act as the Senate's lawyer in that matter)," he added.
When asked if there's any pressure on his part, Escudero said that there's none.
"Wala. Dahil tulad ng sinabi ko sa inyo unang araw pa lang ng pagkakasampa ng impeachment sino mang pabor sa impeachment o tutol sa impeachment hindi matimbang ang opinion para sa akin dahil patas, parehas at pantay naming tatratuhin itong impeachment at kasong ito ng walang pinapaboran, walang tinititigan, walang tinitignan lamang. (None. Because as I told you on the very first day the impeachment was filed, whether someone is in favor of or against the impeachment, their opinion doesn't weigh more for me. We will handle this impeachment and case fairly, equally, and impartially without favoring, focusing on, or giving advantage to anyone)," he added.