The Senate should not wait for a public protest to start the impeachment proceedings against Vice President Sara Duterte by convening as a trial court, House prosecutors said Friday, retorting Senate President Francis “Chiz” Escudero’s affirmation that there is no significant calls for them to start it instantly. 

Ako Bicol Rep. Angelo Jil Bongalon, a member of the prosecution team, contended that the Senate is mandated by the Constitution itself to proceed forthwith with the trial after receiving the articles of impeachment, without the need for a public uproar.

“Whether there is clamor or not, the Constitution says that we have an obligation; it is the job of the Senate to convene sittings as an impeachment trial court," he told reporters in a virtual presser.

"It does not mean that just because there is a public clamor or rallies in EDSA or elsewhere that we will act on something just because the people are making noise,” Bongalon added, criticizing the Senate’s lack of urgency. 

Escudero has been adamant about trying Duterte during the congressional break and maintained that proceedings will only commence in the 20th Congress or after a new batch of lawmakers—12 in the Senate—are sworn in.

He insisted that proceeding with the trial now “legally cannot be done” since the articles of impeachment were not referred to the plenary before Congress adjourned for a four-month break on 5 February—the same day Duterte was impeached.

Besides, he downplayed that there is “clamor” for the Senate to immediately convene as an impeachment tribunal, saying only three people have urged him to carry on with the proceedings during the recess. 

"I don't define that as clamor," Escudero said earlier this week.

However, Batangas Rep. Gerville Luistro, another House prosecutor, argued that Escudero should have considered the House’s call before dismissing it outright because if there are more aware of the public’s concerns, it must be them who are in the grassroots.

“With all due respect to Senate President […], the House members are on the ground. I myself, and even the other congressmen, can attest that a lot of people in our districts are waiting for the Senate to convene as an impeachment court,” she lamented.

Luistro explained that she acknowledged the sole authority of the Senate with respect to impeachment proceedings, but she also stressed that public clamor should not be ignored.

“At the end of the day, we always recognize the authority of the impeachment court. And of course, that is the Senate of the Philippines—specifically, the 23 senators. With all due respect to the Senate President, we have a different opinion on the matter,” she stated.

She continued, “We did our duty. We followed the rules. We upheld the Constitution. Now, it is time for the Senate to do theirs.”

Earlier, Escudero affirmed the Senate will only act on the impeachment complaint once it resumes session in June or at the start of the 20th Congress in late July unless the Supreme Court (SC) issues a temporary restraining order (TRO).

Apart from Mindaoan lawyers, Duterte herself petitioned the SC on Wednesday to issue a TRO to halt the Senate’s looming trial on her impeachment case—which, if it leads to a conviction, could permanently bar her from holding public office.

The impeached VP also prayed to nullify the articles of impeachment lodged by the House of Representatives against her, accusing the chamber of grave abuse of discretion for withholding the first three impeachment complaints against her. 

The VP alleged that the House deliberately circumvented the one-year ban mandated by the Constitution when it filed the fourth impeachment complaint in February, just two months after the first three separate complaints were filed in December.

House prosecutors, however, countered that the first three complaints were not referred to the committee on justice from which the initiation can only be triggered and therefore, the one-year ban was not violated.

Retired SC Senior Associate Justice Adolfo Azcuna, one of the framers of the 1987 Constitution, had warned that the House’s effort to impeach Duterte would go to waste if the Senate fails to acquire jurisdiction over the case before the new Congress takes over.

He said the Senate could only take jurisdiction if Escudero took oath as the presiding judge of the impeachment tribunal. If this happens, the trial can continue even if the House’s composition changes in the 20th Congress.