Senate President Chiz Escudero rejected calls from House prosecutors to immediately issue a writ of summons compelling Vice President Sara Duterte to answer the impeachment articles against her.
In response to a letter from the House prosecution panel, Escudero emphasized that the Senate can only act on the impeachment complaint once Congress resumes its session, countering the claim that the process should move forward “forthwith.”
“We haven’t formally responded yet, but since you asked, I’ll answer verbally,” Escudero said, addressing House Minority Leader Marcelino Libanan’s call to expedite the proceedings.
Escudero explained that impeachment proceedings are different from other functions that Congress can perform during recess. "The Senate can only convene as an impeachment court once the articles of impeachment are presented in plenary," he said.
No shortcuts
Escudero pointed out that the House prosecutors' own filing acknowledges that a writ of summons can only be issued after the impeachment court is convened.
“On page two of their motion, they themselves quote the Senate rules: ‘After the presentation of the articles of impeachment, and once the court is convened, the writ of summons shall be issued.’ Have they presented the articles of impeachment in plenary? Has the impeachment court been convened? No, not yet,” Escudero stressed.
He cautioned against rushing the process, warning that it could lead to legal challenges. "Sometimes, the more you rush, the more things get delayed," he said.
Escudero also clarified that the Constitution’s use of the term "forthwith" does not mean "immediately," but rather "within a reasonable time," as established by precedent.
"The late Senator Miriam Defensor Santiago already debated this point with former Senator Raul Roco, stating that ‘forthwith’ is determined by the circumstances," Escudero said.
He noted that during the 2011 impeachment of Chief Justice Renato Corona, the Senate waited nearly a month before taking up the case. "In Chief Justice Corona’s case, the complaint was filed on December 13, but the Senate only tackled it in January after the Christmas recess. So why are they in such a hurry now?"
Reminder to House prosecutors
Escudero also pointed out that the House had not adhered to its own constitutional requirements when it failed to immediately refer the impeachment complaint to the Speaker upon filing in December, with the House Secretary General holding onto it for two and a half months.
The Senate’s timeline remains unchanged, with the impeachment trial set to begin on 30 June, when the 20th Congress convenes and 12 newly elected senators take office.
The trial will determine whether Duterte remains in office or is permanently disqualified from holding public office, which would block a potential 2028 presidential bid. Duterte has denied the charges, calling the impeachment case a politically motivated attack.