Senate President Chiz Escudero. Photo: Senate / Facebook

MANILA, Philippines – In the initial timetable released by Senate President Chiz Escudero, the impeachment trial of Vice President Sara Duterte is dated July 30, tentatively. 

Escudero released a copy of the letter dated February 24 to the media. The same letter was sent to all members of the Senate, House Speaker Martin Romualdez and Duterte. 

As follows, the schedules in the proposed calendar are as follows:

• June 2 at 3 p.m.: Resumption of session; presentation of the Articles of Impeachment by the prosecutors; and Approval of the revised Rules of Procedure on Impeachment Trials
• June 3 at 9 a.m.:  Convening the Impeachment Court and oath-taking of incumbent senator-judges
• June 4: Issuance of summons
• June 14 to 24: Reception of pleadings
• June 24 to July 25: Pre-trial
• July 28: Inaugural session of the Senate of the 20th Congress (10 a.m.); Joint Session of Congress to hear the State of the Nation Address of the President (4 p.m.)
• July 29: Oath-taking of newly elected senator-judges before the Senate sitting as an Impeachment Court (9 a.m.); Plenary session of the Senate (3 p.m.)
• July 30: Start of trial (9 a.m. to 2 p.m.)

Escudero said the proposed calendar is not final yet because the schedules will still be discussed by the 20th Congress once it enters into function on June 2. 

“Hindi ito nakaukit sa bato. Hindi ito ‘yong mangyayari na talaga… para magkaroon sila ng ideya na at habang recess matimbang na nila kung ano talaga ang gusto nila at ano ang magiging pasya ng mas nakararami kaugnay niyan,” he said. 

In the letter, Escudero stands firm on his position that no trial shall proceed while the Senate is in recess. 

In the 1987 Constitution, section 3 of Article XI (Accountability of public officers) dictates that once a verified impeachment complaint secures one third vote of members of the House of Representatives, trial in the Senate shall “forthwith” proceed. 

In the dictionary, “forthwith” means immediately. 

But Escudero, in his letter, cited several jurisprudence influencing his interpretation of the word “forthwith” leading him to the decision to begin trial only once Senate resumes.

Escudero has proposed some amendments to the existing Senate rules on impeachment: 

• Authorize the Senate President to issue summons on the person impeached and preside over the pre-trial and the receipt of judicial affidavits.

• Incorporate directly or by reference, Revised Rules of Court provisions on judicial affidavits, pre-trial conference, reception of evidence, electronic filing of pleadings, and other matters.

• Provide clear guidance on the procedure to be followed in case the trial is not concluded before the sine die adjournment of Congress. 

The amendments were already circulated to members of the Senate for review or amendment on or before March 31 so new rules are already set in place before the new Congress begins. 

All-senators caucus won’t matter

Senate Deputy Minority Leader Risa Hontiveros told the media on Wednesday that Escudero intends to hold an all-senators caucus to discuss matters of impeachment. 

Escudero however said it would not be possible given the conflicts on the schedules of the senators. 

“How can it be an all-senators caucus when some are traveling and some are abroad, some are not available and some are not interested,” he said. 

But then, re reverted back to the legal impediment that nothing can start if the Senate is in recess so a caucus would just prove useless.

“And as I said, kahit anong gawin namin, hangga’t walang session wala naman kaming masisimulan,” he said. 

RELATED STORIES:

Hontiveros: Impeachment trial of  VP Sara should start immediately

Sara’s trial can be finished ‘within a month’ says Colmenares 

Escudero feels no pressure, firm on convening VP Sara impeachment once Senate session resumes

Mindanao lawyers, supporters, ask SC to block ‘defective’ impeachment vs VP Sara Duterte

SC urged to compel Senate to convene VP Sara impeachment