Senate President Francis “Chiz” Escudero assured that the upper chamber would tackle the impeachment complaint against Vice President Sara Duterte “without fear or favor,” but stressed that it is not legal to hold the trial while the Senate is on break.

In a press conference at the Senate, Escudero said the impeachment trial remains a political process but “will be witnessed by our fellow countrymen and observed” by the Filipino people.

“We will perform our duty and function with the cold neutrality of an impartial judge, and without fear, we will rule over things as we see fit and based on what is right and what the law provides,” Escudero told reporters.

He also emphasized the crucial role of public opinion as part of the political process as a whole.

The Senate serves as an impeachment court handling the complaints against Duterte.

When asked why the impeachment was not addressed before the Senate suspended its session, Escudero replied it was not part of the chamber’s initial schedule.

“Alam niyo namang lahat yun na huling araw namin kahapon, magbe-break talaga kami at magre-resume matapos ang halalan sa June 2. Walang rason para magbago o baguhin yun kahapon (You all know that yesterday was our last day, we were really going on break and will resume after the elections on June 2. There’s no reason to change or alter that yesterday),” he said.

Escudero noted the Senate will not convene the impeachment court while the chamber is on recess.

He cited the impeachment complaints against former Ombudsman Merceditas Gutierrez on March 26, 2011, and former Chief Justice Renato Corona on December 13, 2011—both of which were filed days before the Senate and the House of Representatives adjourned their regular sessions. However, their impeachment trials commenced on later dates.

Gutierrez’s impeachment was tackled on May 19, 2011, while Corona’s trial began on January 19, 2012.

Studying Complaints

Escudero lamented that urging the Senate to fast-track Duterte’s impeachment trial was not fair, as the House of Representatives took at least two months to prepare before transmitting the articles of impeachment to the upper chamber.

“Siguro wala naman silang basihan ngayon na madaliin kami lalo na nasa huling araw ng sesyon yang pinadala sa amin halos mag-alas singko pa ng hapon (I think, they don’t have any bases to pressure us especially when it’s the last day of our session and they transmitted it almost 5pm),” he said. 

However, Escudero said they would make the most of what can be done during recess in response to calls for expediting the impeachment trial, including preparations for judicial affidavits and provisions for conducting a hearing before a commissioner.

He said the Senate will also look into strengthening pre-trial procedures for a smooth and uncomplicated trial.

“Ito ay bagong procedure sa Rules of Court na pumasok bago itinalaga ang rules ng impeachment noon na kailangan baguhin (These is a new procedure in the Rules of Course that was introduced before the impeachment rules were established, which need to be changed),” he added. 

Escudero likewise noted that the Secretary-General of the Senate “still needs to study the impeachment complaint itself.”

The Secretary-General is tasked with examining whether the list was composed of electronic or wet signatures to ensure that the required one-third endorsement from the lower chamber was secured.

The use of electronic signatures in such impeachment documents is prohibited, said Escudero.

“Mga halimbawa lamang ito na dapat panggawin at gampanan ng Senado. At bilang panghuling sagot, para mag-convene ang impeachment court, kailangan may sesyon ang Senado (These are just examples of what the Senate should do and perform. And as a final answer, for the impeachment court to convene, the Senate must have sessions),” he added. 

Senate Minority Leader Aquilino “Koko” Pimentel earlier said the Senate can still act on Duterte’s impeachment while it is on break.

“Very extraordinary situation ‘yung sinasabi ko. If no one will raise an issue, ‘di ba, or object or cite any violation of the rules, edi valid siya. The rules can be waived,” Pimentel said.

Escudero confirmed it is possible, citing the case of Corona’s impeachment trial, wherein the case was opened days before Congress closed its regular sessions.

“Tumuloy yung impeachment trial bago mag-adjourn na ang Kongreso at Senado. Nasa rules namin. Hindi na kailangan maging extraordinary pa. Pero ulitin ko, kailangan nasimulan at sinimulan ang trial ng may session, dahil kailangan mag-convene ang impeachment court ng may session (The impeachment has been pushed through before the Congress adjourned. It’s within our rules. There’s no need to be extraordinary. But I’ll repeat, the trial needs to start within a session, because the impeachment court needs to convene with a session),” Escudero explained.

“Walang sariling buhay ang impeachment court hiwalay sa Senado mismo, sa plenaryo ng Senado. Kinakailangan ang plenaryo ng Senado para masimulan ang impeachment court (The impeachment court does not have its own existence separate from the Senate itself, from the plenary of the Senate. The Senate plenary is needed to commence the impeachment court),” he added. 

Escudero was further asked if the Senate could have acted promptly should the House have transmitted the articles of impeachment earlier.

He replied, “This water under the bridge is not for me to decide or pass over the wisdom, absence, or lack of it on the part of the House in filing it a few hours before we adjourn.”

“Pero ulitin ko, hindi naman siguro makatarungan o tama na pagkatapos nilang upuan ito ng ilang buwan, biglang pupwersahin, pipilitin at sasabihang kami ng sino mang galing sa Karama na hoy, bilisan nyo, aksyonan nyo (But let me repeat, it probably wouldn't be just or right that after they have sat on this for several months, they will suddenly be forced, pressured, and told by anyone coming from the House to hasten it and act on it immediately),” he added. 

No impeachment trial while on break

Escudero stressed the need to conduct an impeachment trial that is “compliant with the Constitution, orderly, credible, trustworthy, and delivers justice, whether it favors the opinion of the majority or the few, or not.”

He said there will be no impeachment trial against the Vice President while the Senate is on break. 

“Wala (None). Legally it cannot be done because the impeachment court was not convened,” he emphasized. 

“The impeachment complaint was not referred to the plenary for there to be a basis for the impeachment court to be convened by the Senate sitting as a legislative body, and not as an impeachment court,” he further clarified. 

In securing the 215 endorsements from the House, Duterte will no longer pass through committee proceedings. Instead, the vice president will face trial in the Senate.

A conviction that would remove her from the post requires a two-thirds vote in the Senate —16 out of 24 senators.