The impending impeachment trial of Vice President Sara Duterte before the Senate remains uncertain, with questions over whether it will proceed before the 19th Congress adjourns or be carried over — if at all — to the next Congress.
On Monday, just hours before Congress resumed sessions following a four-month break for the May midterm elections, Senate President Francis “Chiz” Escudero clarified that the decision to proceed with Duterte’s impeachment is still up to the incumbent senators.
“The plenary of the Senate is the supreme body of the Senate. It gets to decide anything and everything although at first instance it can be decided by the Senate President but ultimately it will have to be confirmed and affirmed or rejected for that matter by plenary,” Escudero told reporters in a press briefing.
He made the remarks in response to questions on whether the Senate would finally convene into an impeachment trial on 11 June, the scheduled presentation date of the Articles of Impeachment against Duterte.
Earlier, Escudero moved the presentation to 11 June — the last day of session for the 19th Congress, based on the approved legislative calendar. While Congress is officially set to adjourn on 13 June, both the Senate and House of Representatives hold sessions only from Monday to Wednesday.
Originally set for 2 June, the presentation of the Articles of Impeachment is a necessary first step to initiate the impeachment proceedings in the Senate.
Once presented in plenary, the Senate can already constitute itself as an impeachment court and conduct the trial of the Vice President.
Escudero pointed out that should the impeachment be adopted on 11 June, the Senate would then have to deliberate on the next steps.
He also clarified that the continuation of the impeachment trial will depend on whether any senator raises a motion opposing it.
“[T]hat is also where we will decide on any motions, if there are any to be made, any objections if there are any, any questions if there are any,” he said, referring to the 11 June session.
“In the end, the impeachment court will convene if that is the decision of the Senate, and summons will be issued according to our rules to give the Vice President time to respond,” he added.
Known Duterte allies have already dismissed the impeachment effort.
Senator Imee Marcos, who secured a fresh six-year term with the backing of the Vice President, called the impeachment “failed” even before it began.
Senator-elect Rodante Marcoleta, who ran under the former ruling party PDP-Laban, also said the impeachment bid will not prosper.
Escudero, meanwhile, cited precedents such as the impeachment attempts against former President Joseph Estrada and ex-Ombudsman Merceditas Gutierrez, both of which did not lead to full trials in the Senate.
“So there are precedents related to that. The only difference this time is that it will cross over into a new Congress. Let me repeat: the 19th Congress — no Congress can bind subsequent Congresses. We cannot pass an irrepealable law; we cannot pass something that the next Congress cannot amend or change,” he said.
He added: “So whatever decision we make is binding on us but not binding on the next Congress.”
Despite floating that it could be a possibility, the Senate chief expressed belief that it would materialize.
“If the plenary decides today not to convene on June 11, in theory yes — but I doubt that. I doubt that it will happen,” he said.
Even if the impeachment trial begins under the 19th Congress, questions remain as to whether it can be continued by the next Congress.
Escudero stressed that the 19th Congress “cannot bind” the incoming 20th Congress, which would have to approve its own set of rules — including those governing an impeachment trial.
He said any future deliberation on the impeachment case would still depend on the new Senate’s composition and decision-making.
"The next Congress can decide in the same manner or in a different manner. I'm not saying there's no assurance that it won’t push through. I’m not saying that,” he said.
“You’re asking questions within the realm of possibilities. You’re asking, is it possible? I can’t say it’s impossible because it really is possible. But you cannot quote me as saying 'it might not push through because' — no. In the realm of possibilities, everything is possible,” he added.
Duterte was impeached by the House of Representatives on 5 February, with a total of 215 lawmakers — or more than two-thirds of the members — supporting the motion.
Her conviction, which would remove her from office and bar her from holding future public positions, is currently pending in the Senate.
For Duterte to be convicted, the Senate, which will act as the impeachment court, must secure two-thirds of the votes — or at least 16 out of the 24 members.