Senate President Francis “Chiz” Escudero confirmed on Monday the Senate will have to decide whether to start Vice President Sara Duterte’s impeachment trial before the end of the 19th Congress or let it carry over to the next Congress.
Just hours after the 19th Congress resumed its session following a three-month break for the May midterm elections, Escudero emphasized that the decision to proceed with the impeachment trial lies with the current Senate members.
“The plenary of the Senate is the supreme body of the chamber. 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 by the plenary,” Escudero told reporters in a press briefing.
The scheduled presentation of the Articles of Impeachment against Duterte is set for 11 June, the last session day of the 19th Congress. Once the articles are presented, the Senate can formally constitute itself into an impeachment court and begin the trial.
But Congress is officially set to adjourn on 13 June and both the Senate and the House of Representatives hold sessions only from Monday to Wednesday.
The presentation of the Articles of Impeachment is a necessary first step to initiate the impeachment trial in the Senate. It was originally set for 2 June.
Once presented in the plenary, the Senate can constitute itself into an impeachment court and conduct the trial of the Vice President.
Escudero pointed out that should the impeachment articles be adopted on 11 June, the Senate would have to deliberate on the next steps.
He said the start of the impeachment trial would 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.
“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 noted.
Duterte allies oppose impeach bid
Known Duterte allies have dismissed the effort to oust Duterte.
Senator Imee Marcos, who secured a fresh six-year term with the backing of the Vice President, called the impeachment trial “failed” even before it could begin.
Senator-elect Rodante Marcoleta, who ran under the former ruling party PDP-Laban, said it will not prosper.
Escudero, meanwhile, cited precedents such as the impeachment of former President Joseph Estrada and 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 to a new Congress. Let me repeat, 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.
“So whatever decision we make is binding on us but not binding on the next Congress,” he stressed.
Despite hinting that it is a possibility, the Senate chief expressed belief that it would not materialize.
“If the plenary decides today not to convene on 11 June, in theory yes — but I doubt that. I doubt that it will happen,” he said.
Trial in 20th Congress?
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 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 deliberations on the impeachment case would still depend on the new Senate’s composition and its decisions.
“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.
Tolentino, Pimentel debate over impeachment validity
Meanwhile, Senate Majority Leader Francis Tolentino and Minority Leader Aquilino “Koko” Pimentel clashed over the validity of the impeachment trial crossing into the 20th Congress during the resumption of the Senate session on Monday.
Tolentino argued the trial cannot proceed, citing the 1987 Constitution and Supreme Court rulings that the Senate under the current Constitution is not a continuing body. He explained that unfinished proceedings cannot carry over because only 12 senators remain from the previous Congress—too few for a quorum. He said jurisdiction over impeachment is exclusive to the Congress that received the complaint, meaning the trial must end by June 30 or be “functionally dismissed.”