No action on impeachment complaint vs VP Duterte until June 2—Escudero


If there will be any action regarding the impeachment complaint against Vice President Sara Duterte it will be on June 2 once Congress session resumes, according to Senate President Francis "Chiz" Escudero.

476170904_1129768352521853_2587339883113838588_n.jpg
Senate President Francis “Chiz” G. Escudero addressed questions from members of the Senate media on matters regarding the impeachment case against Vice President Sara Durterte. He also provided insights into the Senate’s role in the proceedings and outlined the next steps in the impeachment process. (Senate PRIB photo)

"Kung may mangyayari mang aksyon o kaganapan kaugnay nito, yan ay mangyayari sa June 2 pag-resume ng Senado, matapos ang eleksyon at pasya yan ng mayorya ng Senado kung aamyendahan ba yung rules, ano ang ilalagay sa rules (If any action or event related to this occurs, it will happen on June 2 when the Senate resumes, after the elections, and it will be the decision of the Senate majority whether to amend the rules and what to include in the rules)," he said during the Kapihan sa Senado forum on Thursday, Feb. 6.

"Para mag-convene ang impeachment court, dapat may sesyon ang Senado. Para manumpa ang impeachment judges, kailangan may sesyon ang Senado. Bagaman ang trial pwedeng mag-proceed kahit na recess, tulad ng nangyari kay dating at yumaong Chief Justice [Renato] Corona, dapat ito ay masimulan, ma-convene, at mapanumpa ang mga judges kapag may session (To convene the impeachment court, the Senate must be in session. For the impeachment judges to be sworn in, the Senate must be in session. Although the trial can proceed during a recess, as was the case with the late former Chief Justice [Renato] Corona, it must begin, be convened, and the judges sworn in when the Senate is in session)," he added.

Escudero said that there was no caucus among senators that occurred related to this before the plenary session adjourned on Wednesday, Feb. 5.

He also explained in accordance with the rules of the Senate, "the Senate President shall take proper order of the subject of impeachment."

"Ibig sabihin nun isaayos muna ng Senate President ang Senado para sa pag-conduct ng pagdinig o trial (It means the Senate President should first organize the Senate for conducting the hearing or trial)," Escudero said.

He also stated that if the House of Representatives had months to study and sit on the complaint they, in the Senate, cannot be compelled to act on it within a few hours notice.

"Kung nagpabanjing-banjing sila gawin ito siguro wala naman silang basehan ngayon na madaliin kami lalo na nasa huling araw na ng sesyon yan pinadala sa amin halos mag-a-alas singko pa ng hapon (If they had taken their time doing this, they wouldn't have any basis to rush us now, especially since it was sent to us almost at five in the afternoon on the last day of the session," he said.

Escudero said that they will fulfill their duties that can be accomplished during recess, including reviewing the Senate's rules on impeachment, as these need updating. He mentioned the requirement for judicial affidavits, provisions and procedures for hearings before a commissioner, and establishing a strong and effective pre-trial procedure to ensure the trial proper is smooth and not complicated or chaotic.

He stated that there are new procedures in the rules of court that were introduced after they initially established the impeachment rules, which they now need to amend.

"Hindi namin ito mamadaliin pero hindi rin namin ito labis na iaantala. Di kami magpapa-pressure na bilisan ito o i-delay ito. Gagawin namin yung trabaho namin ayon sa saligang batas bilang pagsunod sa itinatalaga nito at rules mismo ng Senado (We won't rush this, but we also won't delay it excessively. We won't let ourselves be pressured to speed it up or delay it. We will do our job in accordance with the constitution, following its mandates and the rules of the Senate itself)," he said.

Carrying over to the 20th Congress

Escudero believes the impeachment complaint against Duterte can be carried over to the 20th Congress with a new set of senators.

"Hindi ito typical na bill sa aking pananaw na pagtapos ng Kongreso i-file mo uli,"  

He likened the impeachment court to collegial courts such as the Sandiganbayan, Court of Appeals, and Supreme Court, which do not dismiss their cases even if the magistrates get replaced.

"Patuloy lamang yung mga kaso maski na nagpapalit ang bumubuo ng collegial court na iyon tulad lamang ng impeachment court. Lalo na court of record din ang impeachment court kung saan magpalit man, mag-absent man, di man mapakinggan nang personal ng impeachment judge pwede pa rin siya gumawad ng desisyon base sa record ng ebidensya ng impeachment court (The cases continue even if the members of that collegial court, such as the impeachment court, change. Moreover, the impeachment court is a court of record, where even if members change, are absent, or the impeachment judge cannot hear the case personally, they can still make a decision based on the record of evidence from the impeachment court)," he said.

Special session

When asked if they can act on the impeachment trial if President Marcos calls for a special session, Escudero said that it's possible. 

"Oo pwedeng mangyari yun pero ang pagpapatawag ng special session sa aking pagkakaalam ay di para mag-convene ang impeachment court, ang pagpapatawag ay para sa mahahalagang bagay at panukalang batas na kailangang ipasa (Yes, that could happen, but as far as I know, calling a special session is not for convening the impeachment court. It is called for important matters and bills that need to be passed)," he said.

"Ayon sa saligang batas, hindi isa o saklaw marahil ng probisyong iyon kaugnay ng special session (According to the Constitution, that provision related to the special session may not apply)," he added.