Senate President Francis Escudero confirmed Thursday that an impeachment trial against Vice President Sara Duterte cannot proceed while the Senate is on break.
“Legally, it can’t be done because the impeachment court was not convened,” he said in a press conference.
Escudero explained that for the Senate to function as an impeachment court, the complaint must first be referred to the plenary session, which did not happen before the Senate adjourned on Wednesday.
Senate Secretary Renato Bantug received the Articles of Impeachment from the House of Representatives at 5:49 p.m. on Wednesday. It was not reported to the plenary before the session ended shortly at 7:00 p.m.
Escudero also emphasized that the Senate must be in session for the impeachment court to be convened and for senators to take their oath as impeachment judges.
About 215 members of the House of Representatives signed the impeachment complaint against Duterte, which could lead to a trial that may remove her from office.
“For over two months, the House sat on, studied, read, and reviewed the pending impeachment complaints. For over two months, the Secretary General did not forward the impeachment complaints to the Speaker’s office for referral to the plenary and the Committee on Justice,” Escudero argued.
The earliest possible schedule for the Senate to act on the impeachment complaint will be on June 2, when Congress resumes after the midterm elections.
“We will not rush this, but we also will not unduly delay it. We will not allow ourselves to be pressured by anyone… We will do our job according to the Constitution, in compliance with what it dictates and the rules of the Senate itself,” Escudero said.
He said the Senate will use the recess to review and update its impeachment rules, as required by law.
Escudero compared the situation to the impeachment trial of the late Chief Justice Renato Corona, where the trial continued during recess but was convened while Congress was in session.
“What matters to me, as the Senate President, is that the process is orderly, in accordance with the law, credible, believable, and delivers justice, whether that justice is in line with the opinion of the majority, a few, or no one,” he said.
The impeachment complaint accuses Duterte of various offenses, including misuse of public funds and threats against President Ferdinand Marcos Jr. The Vice President and her allies denied the allegations, calling them politically motivated.
“We will perform our duty and function with the cold neutrality of an impartial judge. Without fear nor favor we will rule over things as we see fit, based on what is right and what the law provides,” Escudero concluded.
