Senate President Francis “Chiz” Escudero on Wednesday defended the decision of the Senate, sitting as an impeachment court, to remand the impeachment complaint against Vice President Sara Duterte back to the House of Representatives.

At a press conference, Escudero was asked about the possibility of the House rejecting the return of the Articles of Impeachment against Duterte, which it had transmitted to the Senate on 5 February.

“We are not equal when it comes to this matter. This is not like the House and the Senate where those agencies are co-equal. In the context of impeachment, the Senate is the court and the House is the prosecutor. In my view, it is out of line for the House not to follow the orders of the impeachment court,” he said in Filipino.

“This is not like a bicameral conference where we need to agree. This is an order from the impeachment court directed at the prosecutor, who is only one party in the case. The party and the court are never equal in any case, anywhere in the world,” he said.

Court retains jurisdiction

The impeachment court has not lost its jurisdiction over the impeachment case against Vice President Duterte, Escudero clarified.

“Please read it. That’s probably also my appeal to our five colleagues who keep going on and on about the dismissal. It says there, ‘without dismissing, without terminating,’” Escudero told reporters.

“So, the impeachment court retains its jurisdiction. To my mind, that’s why we issued summons. How can we issue summons if we do not have jurisdiction? And remember, the order issuing [summons] came after the vote. I think this is quite clear—even to young lawyers, or even young law students,” he added.

His clarification came after the impeachment court returned the Articles of Impeachment against Duterte to the House of Representatives.

On Tuesday night, the impeachment court, presided over by Escudero, voted to remand the impeachment complaint to the lower house shortly after it was convened.

Out of 23 senator-judges, 18 voted in favor of the motion to return the complaint to the House.

Only Senator-judges Aquilino “Koko” Pimentel III, Risa Hontiveros, Win Gatchalian, Grace Poe, and Nancy Binay opposed the motion, which was proposed by Senator-judge Ronald “Bato” dela Rosa.

Waiting game

Escudero said the impeachment court is now waiting for both parties — the House prosecution panel and the defense team of Duterte — to comply with the summons issued Tuesday night.

“Now we are awaiting compliance from the parties. On the part of Vice President Sara, to submit her answer. On the part of the prosecutors, to submit their reply if they so decide,” he said.

“[And] to comply with the orders of the court regarding the one-year ban and a resolution from the 20th Congress while we await the resumption of the 20th Congress,” he added.

The Senate chief also informed his counterpart, Speaker Martin Romualdez, that the scheduled presentation of the Articles of Impeachment on Wednesday afternoon was “rendered moot and cancel[ed].”