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Chiz to start impeachment trial on July 30
By Nidz Godino
“Senate President Francis Escudero cannot do anything to start impeachment trial because impeachment trial cannot start if there is no session of Senate… session will start in June…so, it is only by then that impeachment will be constituted,” former Senate president Franklin Drilon continues to parry accusations of foot-dragging, Senate President Francis Escudero has proposed calendar for impeachment trial of Vice President Sara Duterte-Carpio, beginning with presentation of Articles of Impeachment at the start of session on June 2, oathtaking of senator-judges the following day, and formal start of trial on July 30.
Based on his proposed timetable, Escudero will read Articles of Impeachment during session on June 2 and have chamber approve revised Rules of Procedure on Impeachment Trials.
Escudero proposed oathtaking as judges of incumbent senators on June 3, so that summons can be promptly issued, pleadings received, and pre-trial undertaken from June 4 to July 25.
With terms in office of some senators expiring on June 30, Escudero proposed drafting of new rule that would “provide clear guidance on the procedure to be followed in case trial is not concluded before sine die adjournment of Congress” from June 14 to July 27.
As for 12 incoming senators in the next 20th Congress, Escudero proposed they take their oaths as judges on July 29.
In Escudero’s proposal, trial formally starts on July 30, from 9 in the morning to 2 in the afternoon, to give senators enough time to perform their legislative duties during 3 in the afternoon session.
The Senate president included his proposed timeline in his Feb. 24 letter to all senators where he laid down legal grounds for tackling impeachment complaint during open session, and not during break.
For former Senate president Franklin Drilon, setting the start of impeachment trial of Duterte for July 30 or after 19th Congress is Escudero’s “best option.”
He also said Supreme Court can no longer intervene once Senate is convened as impeachment court.
“Now, the problem is, it will not really be finished in 19th Congress…as matter of legal strategy, what Escudero did is to cover best available option trial will start in 20th Congress,” Drilon said. He also said Senate president cannot decline if President Ferdinand Marcos Jr. orders him to convene special session.
“Once special session is called by the President, it is not question of priority legislation anymore… directive of the Constitution,” Drilon said.
Despite provision in 1987 Constitution states trial should proceed “forthwith” upon transmittal of Articles of Impeachment, Escudero said word “forthwith” is defined differently in jurisprudence.
Dictionary meaning is “immediately,” but Supreme Court cases defined it as “within reasonable time, may be longer or shorter period, according to circumstances of each particular case” and that it is “elastic in nature and varies with every case,” and “always modified by circumstances and nature of duty to be performed.”
Escudero said complex definition of “forthwith” is “not novel question” in Senate, citing debate between late senators Raul Roco and Miriam Defensor Santiago during impeachment trial in 2000 of then president Joseph Estrada.
Santiago at the time said “proceed forthwith” constitutional provision was “taken out of context” and should instead be read in context of another provision in the charter on promulgation of rules on impeachment before trial, according to Escudero.
“Asserting that reading provision in isolation would distort the will of the Constitution, Senator Defensor Santiago emphasized that while Senate must proceed ‘forthwith,’ it must do so with circumspection,” Escudero said of Santiago’s point, was adopted by the body then.
Estrada impeachment trial was conducted while Senate was in session, Escudero pointed out, so the closest comparison to Duterte impeachment complaint, filed before the break, was that of aborted trial of resigned ombudsman Merceditas Gutierrez in 2011.
Gutierrez’s impeachment complaint was transmitted to Senate on the last day of session in March 2011, similar to Duterte’s filed on the last session day in February before break. Senate adjourned without immediately convening as impeachment court for Gutierrez, Escudero recalled.
“In the present case against the Vice President, complaint was received late in the afternoon of our last session day, without sufficient prior notice that would have prompted the body to discuss and amend impeachment rules and procedures…as such, Senate was adjourned as scheduled,” Escudero said.
Senate chief defended need for ample preparation for the trial, amid criticisms that he was deliberately stalling proceedings.
“As head of this institution, I am most cognizant of Constitutional mandate that vests in Senate sole power to try and decide all cases of impeachment… extraordinary duty that should be approached with all due caution and prudence, not to mention adequate preparation,” Escudero said.
Escudero on Feb. 24 sent letters to Duterte and Speaker Martin Romualdez informing them of procedural moves meant to ensure both legislative chambers “conduct fair and orderly impeachment trial.”
Procedures include ordering review for purpose of revising rules of procedure, fixing session hall for Senate impeachment court, ensuring security for both prosecution and defense, seeking external legal counsels, and setting up of “e-filing system” to receive digital copies of pleadings, and to send resolutions or orders to parties and counsels.
“Senate hopes to adhere to the said schedule and, considering that both prosecution and defense will have ample time to prepare for proceedings, will not tolerate any dilatory motion or pleading,” Escudero wrote to Duterte and Romualdez.
Escudero called for press briefing to explain his moves to get ball rolling, but he denied he wrote letters in response to criticisms from House prosecution members that delay was benefiting accused Duterte.
“No…it took us this long to be able to do these things again, because we are acting on it prudently…we are not rushing, neither are we delaying… not response to any call or clamor or wish from any biased party,” Escudero said.
Escudero also chided Sen. Risa Hontiveros, who at press briefing said “ would be great neglect of duty for us senators in 19th Congress if we fail to do our job in this impeachment complaint.”
“I wish to correct what Senator Risa said about delay…we are not delaying, excuse me…we are simply proceeding with it legally, constitutionally, and in accordance with law…for us not to follow the law will in fact create more delay or more opportunities for either party to go up, question proceedings we’re undertaking, in turn result in more delays,” he said.
As Senate begins to organize administrative support for impeachment trial of Duterte, House leader said there’s no doubt process to make her accountable has already been set into motion.
In a statement, House committee on good government chairman Rep. Joel Chua said Escudero’s issuance of Special Order 2025-015 calling for establishment of administrative support group for Duterte impeachment trial “affirms our commitment to upholding accountability at highest levels of government.”
For member of House prosecution panel, Assistant Majority Leader and Ako Bicol party-list Rep. Jil Bongalon, Duterte’s impeachment trial may be over before Congress’ adjournment on June 30.
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