Vice President Sara Duterte (PPAB)

Two ranking congressmen are contending that their colleagues in the Senate can convene as an impeachment court even without a special session called by President Marcos or a Supreme Court (SC) order.

House Assistant Majority Leaders Tingog Party-list Rep. Jude Acidre and Ako-Bicol Party-list Rep. Jil Bongalon offered this stance as they continued to push senators to begin Vice President Sara Duterte's impeachment trial as soon as possible.

“When they said that the Senate should start the trial forthwith, it means that it simply has to,” Acidre said on Friday during a media interview.

“The constitutional provision as provided under the Constitution is itself the call already. The Senate should convene the trial forthwith is already the call. You don’t need any other initiative from either the executive or the [SC] for the Senate to undertake their constitutional duty,” he added.

Acidre says that the Senate convenes even without a special session when approving a martial law declaration, as mandated by the Constitution. This, he said, further proves that Congress has duties beyond the legislative calendar and can act immediately on non-legislative matters like impeachment.

“As the Supreme Court previously noted, there is a distinction between the legislative and non-legislative powers of Congress,” noted the solon from Visayas.

“We can always say that the legislative powers of Congress are subject to recess, to the legislative calendar, but the exercise of the other constituent powers of Congress including impeachment may not necessarily be subject to the legislative calendar,” he added.

“Kasi kung susundin natin ‘yung mindset ng Senate na dahil naka-recess, ibig sabihin ba ‘nun ang accountability ng public officials naka-recess din whenever naka-recess ang Congress?” he asked.

(Because if we're going to follow the Senate’s mindset that we're on recess, does that mean that the accountability of public officials are also on recess during this time?)

Bongalon echoed this stance and pointed to the straightforward language of the 1987 Constitution, which mandates that the impeachment trial must begin without delay.

“Kung saan sinasabi doon na trial by the Senate shall forthwith proceed…sinasabi doon na ‘yung pag-uusig ay dapat simulan agad. Malinaw at not subject to any interpretation ito pong provision ng ating Saligang Batas,” he said.

(Whereas it says that the trial by the Senate shall forthwith proceed...it means that the trial must start immediately. This constitutional provision is clear and not subject to any interpretation.)

“That is why we will stick with that provision na dapat ang impeachment trial ay simulan agad ng ating Senado (that the Senate must begin the impeachment trial immediately,” he underscored.

He also clarified that the Senate can convene as an impeachment court even while Congress is on recess, if a majority of its members agree to do so.

“Considering that the Congress is in recess, then they can have or call for a special session primarily to act on the mandate of the Constitution that trial shall forthwith proceed,” Bongalon stated.

The duly endorsed and verified impeachmemt complaint was transmitted by the House of Representatives to the Senate last Feb. 5. However, the Senate went on recess after plenary session that day without tackling the matter.

Senate President Francis "Chiz" Escudero has since said that Vice President Duterte's impeachment trial will begin after President Marcos' State of the Nation Address (SONA) in July.

That would mean that the impeachment trial would commence in the 20th Congress, not in the current--but dwindling--Congress.

Bongalon slammed the idea of waiting months before proceeding with the impeachment trial.

“Why do you have to wait for another three or four months to act on the impeachment complaint na kung saan sinasabi na mismo ng Constitution na dapat ang paglilitis ay simulan agad. Hindi naman ibig sabihin na porke recess ay kailangan mong hintayin ‘yung pagbabalik ng sesyon ng ating Kongreso,” he said.

(Why do you have to wait for another three or four months to act on the impeachment complaint if the Constitution itself is saying that the trial must be started immediately. The recess shouldn't require the return of sessions in Congress.)

The impeachment of Vice President Duterte has triggered intense debates over the Senate’s role and the necessity of a special session.