Chiz-Koko schism brewing? Pimentel says Senate can convene impeachment court

Senate Minority Leader Aquilino “Koko” Pimentel III on Monday reaffirmed his stance that the Senate can convene as an impeachment court even during a congressional break.

In a television interview, Pimentel stressed that the Senate’s mandate under the 1987 Constitution as an impeachment court is separate from its legislative functions.

“We should not be bound by the so-called legislative session calendar because the Senate is still existing as a Senate and we can declare that we are now convening as an impeachment court,” he said.

"The trial or the court calendar is different from the legislative calendar. My point is we should not even be bound by 2 June, we can earlier than 2 June," he added.

Earlier this month, the Senate adjourned its session without addressing the impeachment complaint against Vice President Sara Duterte, despite the House of Representatives transmitting the articles of impeachment to the chamber.

Senate President Francis "Chiz" Escudero has stated that the Senate may likely act on the impeachment complaints after President Ferdinand Marcos Jr.’s State of the Nation Address.

Escudero, who is also a lawyer, explained that the Senate can only begin impeachment proceedings once sessions resume, as convening an impeachment trial requires a plenary action.

However, Pimentel, who topped the 1990 Philippine Bar Examinations, holds a different interpretation of the Constitution’s provision on the Senate’s role as an impeachment court.

"The Constitution states that if the House of Representatives successfully gathers at least one-third of the votes in favor of impeachment and submits the articles of impeachment to the Senate, the trial in the Senate shall forthwith proceed," he said.

He argued that the term “forthwith” in the Constitution should be understood in its ordinary meaning, rather than as a legal technicality.

On Sunday, former Senate President and Justice Secretary Franklin “Frank” Drilon sided with Escudero, asserting that the Senate cannot convene an impeachment court during a congressional break.

"The Senate cannot hold a session on its own. I do not agree with the opinion of my friend, Senator Koko. I support and believe that Senate President Escudero is correct in saying that a session is needed," Drilon said.

He added that only President Marcos can compel Congress, particularly the Senate, to begin the impeachment trial against Duterte.

"That’s correct, unless the President also does not want to convene the impeachment court. The ball is in the President's hands. If the President wants the impeachment court to begin, he must call for a special session," Drilon said when asked whether the President should clarify his position on the matter.

"Once the special session is called, the order of the day or the agenda will include the referral of the impeachment complaint. The Senate President will refer this to the impeachment court. Only then will the process begin," he added.

President Marcos has previously stated that he would be open to calling a special session if senators formally request it to address the impeachment proceedings against Duterte.

However, senators, including Escudero, have dismissed the need for a special session, citing the lack of urgency from the House regarding the impeachment complaints.

In December 2024, civil society organizations filed the first impeachment complaint against Duterte with the House of Representatives Office of the Secretary-General.

This was followed by two separate impeachment complaints within the same month, all related to the alleged misuse of confidential funds by the Office of the Vice President.