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Headline
‘VP trial need not Senate caucus’
By Nidz Godino
“I referred his (Pimentel) request to our colleagues, as well as to rules committee and Senate’s legal team that we’re forming now… whatever we do , caucus, coffee, dinner, snack ,if there’s no session, there’s nothing we can do because we can’t change timetable I mentioned, unless Senate and Congress hold session, and impeachment is referred to the plenary, allowing impeachment court to convene,” Senate President Francis Escudero said no need for senators to hold caucus to discuss Vice President Sara Duterte-Carpio’s impeachment trial.
Escudero made his position clear in an interview in rebuff of suggestion from Minority Leader Aquilino Pimentel III.
Even as he stuck to his timetable of starting formal trial after joint opening of 20th Congress in late July, Escudero estimated that it could be finished within two months.
Escudero stressed no more changes can be made in the legislative calendar, mutually agreed upon by both chambers in July 2024.
“Until that happens, any coffee or snack meetings we have are pointless…but anytime, Senator Pimentel and I can have snack, as long as he’s free and not too busy,” Escudero stressed.
He explained Senate, acting as impeachment court, must follow established rules and procedures rather than rely on internal meetings to decide on matters related to trial.
Escudero emphasized impeachment trial is constitutional process, requiring senators to act as impartial judges. Unlike regular legislative sessions where caucus might be used to align positions or discuss legislative priorities, impeachment proceedings demand strict adherence to legal and procedural standards to ensure fairness and due process.
The Senate President also pointed out that any procedural misstep or undue haste could provide Duterte with legal grounds to challenge impeachment proceedings in court.
Escudero stressed impeachment trial of Duterte should follow same procedures as previous impeachment trials of former president Joseph Estrada in 2010, former ombudsman Merceditas Gutierrez in 2011 and former chief justice Renato Corona in 2012.
“Why should we change that procedure…because VP Sara is special…because many are being pressured and can’t wait for this to proceed…because they’re eager and furious about Vice President’s situation…what’s the reason…how Senate treated other impeachment complaints, that’s how this impeachment complaint should also be treated…that’s why Lady Justice is blindfolded, symbolizing justice…she sees nothing, everything is equal…and that’s what I intend to do regarding this case?” Escudero asked.While some quarters are calling on Senate to immediately convene as impeachment court, Escudero said Congress is on recess and Constitution provides only specific reasons to justify special session.
“The problem is, there are no sessions anymore…we can’t convene without session…this is normal recess because of election…they want us to hold special session, but they’re in hurry…but they should address what mentioned about Constitution…they want us to proceed immediately, so we will, and we’ll convene impeachment court without session, which is clearly illegal,” he pointed out.
Escudero also emphasized he would not ask President Ferdinand Marcos Jr.to call for special session to give way to impeachment trial of Duterte.
“It is against Constitution… the Constitution is specific, special session can be called when Senate President consults with minority and majority leaders…there is no need for caucus,do they want to provide another reason for Duterte supporters to appeal to Supreme Court… not for me to do that… Constitution is specific, special session can be called when, first, the President dies or something happens, or the Cabinet certifies President is incapacitated,” Escudero maintained.
“If the Vice President dies, is impeached or becomes incapacitated, new vice president must be selected from Congress….third, when the President declares martial law, Congress automatically convenes… the only occasion for joint voting by Senate and Congress, to vote on whether to extend or reject it… fourth, to canvass votes for president and vice president in presidential election and to proclaim winning president and vice president…those are the only occasions when Congress itself can call special session,” he stressed.
Escudero said Senate impeachment trial is expected to take place in the morning sessions from Monday to Thursday, while regular legislative session will continue in the afternoon of Monday to Wednesday.
He said schedule aims to balance Senate’s dual responsibilities ensuring due process in the impeachment while keeping up with its legislative agenda.
On lawyer Howard Calleja’s accusing him of constitutional breach for adjourning Senate’s session even if there were two more days left in its legislative calendar, Escudero said the lawyer “does not have monopoly of all legal knowledge to accuse anyone of anything.”
“Further, as I have stated before, I will not dignify nor listen to partisan legal opinions or positions for or against impeachment of VP Sara… I will follow the law and what I believe to be right and fair,” he said.
The lawyer said Senate calendar was supposed to end on Feb. 7 yet but it adjourned on Feb. 5 without taking up complaint in violation of Constitution.
He added House secretary general was made to wait for about an hour before being allowed to turn over Articles of Impeachment. Roughly an hour later, at around 7 in the evening, the Senate adjourned.
“We have to look at culpability of Mr. Escudero for this constitutional breach,ironic and even questionable…instead of immediately taking up complaint, Escudero immediately adjourned Senate, we have questions why unconstitutional rush…who benefited from Chiz’s premature adjournment…definitely Sara because there would be lot of legal questions that could potentially kill impeachment complaint under 20th Congress, is China, interested in controlling Philippine politics, too far behind…what is the benefit to Chiz who is known to be interested in 2028 presidential elections?” Calleja said. He accused Escudero of apparent disregard for the issue of high-level corruption involving the Vice President.
“Nabudol tayo ni Chiz … just when we are talking of billions of pesos being lost to alleged corruption, just when Sara threatened to have the President and the First Lady killed, would have created unimaginable national instability, here he is trying to foist on us scenario calculated to kill impeachment of Sara Duterte, Chiz would not do this without benefiting himself…my question to Chiz is: you are lawyer and forthwith is simple English term…who are you loyal to,” he said.
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