Sara trial likely to start in July but…

The impeachment trial of Vice President Sara Duterte “will most likely” begin when the 20th Congress is convened, Senate President Francis “Chiz” Escudero said Monday.

He explained that the new Congress will convene after President Ferdinand Marcos Jr. delivers his State of the Nation Address (SoNA) in July.

“Most likely when the new Congress assumes its functions. That means after the SoNA. I think the SoNA is on 21 July so the trial will commence after that date,” he said.

Escudero said the Senate must first approve the impeachment rules as a legislative body. He reiterated that he had no intention of requesting President Marcos for a special session to begin Duterte’s impeachment trial during the 19th Congress.

“I have already said that I have no intention of requesting the President for a special session. This is not a matter or reason for the Senate to call a special session,” he said.

Earlier, it was floated that the trial could start by 2 June when the 19th Congress resumes its few remaining session days before bowing out.

The 19th Congress has until 30 June to conclude its proceedings before the new Congress officially takes over.

“That is an option for the 19th Congress to take because whatever the 19th Congress does, the 20th Congress — since it will take over — can decide otherwise,” he explained.

“Remember, we (19th Congress) have six session days when we resume. From 2 June, we have 28 days left, including Saturdays and Sundays. Just for the period of exchanging pleadings, that alone will already exhaust the time until 30 June,” Escudero pointed out.

Escudero said Duterte has been technically impeached by the House. “As of today, the VP has already been impeached. She is an impeached VP. That’s the beginning of the process. It has begun,” he said.

However, he explained that the impeachment trial has yet to commence. “Remember, a court is convened once it is ready to receive evidence. All of these will come in — the reception of evidence — after the pre-trial procedures are completed. There’s no actual reception of evidence yet,” he said.

During the impeachment trial, Escudero said the court would accord respect not only to Duterte but also to the Office of the Vice President.

Earliest actions

In a separate television interview on Monday, Escudero confirmed that the earliest the 19th Congress could tackle the impeachment case would be on 2 June.

“It is possible… as Senate President I am the presiding officer, but all of these matters will be decided by the impeachment court. With voting by a simple majority, these issues will be brought before them via the proposed amended rules, which the Senate, along with our legal team and consultants, has been studying and drafting. It will depend on what the majority agrees upon,” he explained.

He cited the possibility that the Senate majority could decide to simplify the process by requiring the Vice President to answer the complaints and for the complainants to submit a reply.

“For example, the majority could say, ‘No, we can just require the Vice President to answer, the complainants to submit a reply, and vice versa.’ The rejoinders, the coutelas pleadings, and then the trial will commence once the 20th Congress resumes,” he said.

Earlier, it was floated that the trial could start by 2 June when the 19th Congress resumes its few remaining session days before bowing out.

Once the pleadings are exchanged, the trial could begin as soon as the 20th Congress resumes, he added. Alternatively, Escudero said the 19th Congress could decide to authorize commissioners to receive the evidence.

“Meaning, the 12 remaining senators can actually receive the evidence during the recess so that once the 20th Congress resumes, we can proceed with the actual trial in a more convenient and efficient manner, rather than starting from the beginning in July,” he said.

He noted that the 12 reelectionists are considered incumbent senators until the 19th Congress adjourns on 30 June. “For the next two weeks, since we have six session days, they still have to fulfill their mandate, whether they lost or won in the last election, until 30 June,” Escudero said.

House prosecutors said they will ask the Senate to subpoena Duterte’s bank records to look at her alleged unexplained wealth.

Based on the impeachment complaint, Duterte’s net worth in 2007 was P13.9 million but rose to P18.5 in 2008 despite an estimated annual income of only P2.04 million.

Her net worth, as alleged in the complaint, more than doubled to P44.83 million in 2017 notwithstanding that the annual income of a mayor was only pegged at P2.64 million.

Moreover, the House also took issue with the alleged transactions amounting to over P2 billion from 2006 to 2015 in joint bank accounts of Duterte and her father, former President Rodrigo Duterte.

Duterte was accused of receiving at least P111.6 million during the same period of 2006 to 2015 when she was still a vice mayor and mayor of Davao City.