Senate can convene as impeach court, Koko insists

Senate Minority Leader Aquilino “Koko” Pimentel III maintained his position on Monday that the Senate could convene an impeachment court even during a Congressional break.

In a television interview, Pimentel stressed that the Senate’s mandate in the 1987 Constitution as an impeachment court is different 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 June 2, we can earlier than June 2,” he added.

To recall, the Senate adjourned its session earlier this month without tackling the impeachment complaint against Vice President Sara Duterte, despite the House of Representatives having transmitted the articles of impeachment to the chamber.

Senate President Francis “Chiz” Escudero said that the Senate may likely act on the impeachment complaints against Duterte after the State of the Nation Address of President Ferdinand Marcos Jr.

According to Escudero, a lawyer, the Senate can only begin its impeachment proceedings against Duterte once the session resumes since convening the impeachment trial court requires a plenary action.

Pimentel, who topped the 1990 Philippine Bar Examinations, however, has a different interpretation of what was stated in the Constitution regarding the Senate’s function 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 noted that the interpretation of the “forthwith” in the Constitution is “not a legal technical form, therefore we have to give its ordinary meaning.”

On Sunday, former Senate President and Justice Secretary Franklin “Frank” Drilon sided with Escudero that the Senate could not convene an impeachment court while in 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,” he said.

He noted only President Marcos can compel Congress, particularly the Senate, to start its 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 make a clear stance on the issue.

“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 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, rejected the idea of calling a special session, citing the lack of urgency of its counterpart on the impeachment complaints against Duterte.

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