SENATE President Francis “Chiz” Escudero wants the chamber to retain and adopt the rules that senators used during the impeachment of former Chief Justice Renato Corona from December 2011 to May 2012 when they convene into an impeachment court for the trial of Vice President Sara Duterte.
During the “Kapihan sa Senado” media forum, Escudero said it would be better not to amend the last set of impeachment rules
so that senators will not be accused of “changing the rules in the middle of the game to favor one side or the other.”
“Ang direksiyon na personal kong tinatahak sa ngayon ay i-suggest sa impeachment court na huwag nang baguhin ‘yung rules dahil baka maakusahan pa ang Senado at ang institusyon ng Senado na we are changing the rules in the middle of the game to favor one side or the other (It is my personal preference to suggest to the impeachment court not to amend the rules at this time because the Senate, as an institution, might be accused of changing the rules in the middle of the game to favor one side or the other),” he said.
Escudero had earlier said the Senate would discuss the impeachment rules once regular sessions resume on June 2.
He said the matter may still be tackled, but he would also suggest that any changes to the impeachment rules take effect or be made applicable in future impeachment trials.
“Ipapanukala ko na kung may pagbabago man sa rules, ito’y mag-a-apply to future impeachment cases, not this one. So, puwedeng talakayin ang rules, puwede pa rin naming pag-usapan, pero prospectively, applicable siya sa mga darating pang impeachment complaint na tatalakayin ng Senado…at hindi na dito sa kasalukuyang impeachment na aming kinakaharap ngayon (I will propose that any changes to the rules be applied in future impeachment cases, not this one. So, we can discuss the rules, we can talk about it, but prospectively, it will be applicable on the next impeachment complaint that will be heard in the Senate, not this one which we are about to hear),” he added.
He said the existing rules on impeachment state that “the Rules of Court shall be suppletorily applicable.”
“The Rules of Court have changed since the time of the late Chief Justice Renato Corona. So, the changes in the Rules of Court will be carried in the rules [of impeachment] and we don’t need to change it [rules of impeachment],” he also said.
Escudero clarified that this is just his suggestion, and that the majority of senators would have to decide on the matter.
“Lahat ng sinasabi ko ay subject for approval ng impeachment court. Kaya sabi ko panukala ito, suhestiyon ito (Everything that I am saying will be subject for approval of the impeachment court. That’s why I said this is only a proposal, a suggestion),” he added.
NOTICE TO THE HOUSE
Escudero said the Senate will send a notice to the House of Representatives to inform the leadership that the impeachment complaints against Duterte should be formally presented to the Senate plenary when sessions resume on June 2.
Escudero said the House can designate who among its members will formally present the Articles of Impeachment, as what is stated in the impeachment rules.
“We will send a notice to the House of Representatives to inform it that they need to present the Articles of Impeachment, or at least the charges, in the Senate plenary. That is stated in our rules, which was not done in the past but which we will follow now,” Escudero said.
“That is the formal procedure so that the Senate can take cognizance of the impeachment complaint…Then the Senate can take cognizance of it and that will now be used as the basis to convene the impeachment court…It is not the fling of the impeachment complaint that will trigger the [creation of the] impeachment court,” he said.
The House transmitted the impeachment complaints to the Senate las5 February 5, the last session day before Congress took a long break for the elections, hence the Articles of Impeachment were not formally presented to the Senate plenary due to lack of time.
Escudero said the congressmen who filed the impeachment complaints can choose among themselves who will formally present the Articles of Impeachment in the Senate plenary.
“Members of the House who filed the impeachment complaint, will have to designate who will read it and I’m assuming that they will designate their prosecutors,” he said.
“They will be called upon in plenary to read the articles, not the whole articles, (but) the charges at the very least and submit the rest formally for the record of the State. This is the first time, but it is stated in the rules. It was not done before because we seldom have impeachment complaints, but it is not a reason why we should not follow what was stated in the rules,” he added.
He said the presentation of the Articles of Impeachment can be done on June 3, or a day after regular sessions resume on June 2 since they will still have to wait for the formal referral of the Articles of Impeachment before the Senate can be converted into an impeachment court.
Escudero recalled that the formal presentation of the Articles of Impeachment by the House was not done in the past impeachment trials since it was only the Senate majority leader who read the complaints in the plenary.
“But that is not what is stated in our rules and that is not the precedence in the United States, where we copied our impeachment rules. The Articles of Impeachment must be formally read [in the Senate plenary] …The seven charges, then the Senate will refer it to the appropriate committee that will now be the basis for the convening of the impeachment court, either the same day or the following day,” he said.
He said the Senate will proceed with the impeachment trial as scheduled absent a Temporary Restraining Order from the Supreme Court after the Vice President’s camp earlier filed a petition before the high court to nullify the fourth impeachment complaint filed by the HOR, citing Article XI of the 1987 Constitution which states: “No impeachment proceedings shall be initiated against the same official more than once within a period of one year.”
Escudero said he expects the new set of senators of the 20th Congress to vote whether to acquit or convict Duterte based on the evidence presented and not on their party affiliations or alignments.
He also called on the incoming senators not to comment on the impeachment complaint so as not to be accused of being biased either in favor or against the Vice President.
SENATE PREPARED
Escudero said the Senate is prepared for the impeachment trial, as logistics such as invitations, IDs, parking spaces, and security matters are already in place.
He said most of the senator-judges in the 19th Congress, except one, have their judge’s robes ready, while incoming senators will have to be provided with one.
He said the impeachment trial will cross over from the 19th Congress to the 20th Congress without having to start from scratch.
Escudero said the Senate has assigned rooms for the defense, prosecution, and their respective staff members during the duration of the trial.
He said they have sent a notice to the Office of the Vice President informing it that it can inspect the assigned room for its staff members, but the OVP supposedly declined since there is still a pending petition by Duterte to stop the impeachment trial before the SC.
DE LIMA’S TAKE
Incoming Mamamayang Liberal party-list Rep. Leila de Lima yesterday said she did not join the House’s prosecution panel in Duterte’s impeachment trial to exact revenge for what her father, former president Rodrigo Duterte, did to her.
“I’m not doing this out of anything, out of any other motive except to uphold truth, justice, and accountability,” the former senator, who was acquitted last year after being jailed for almost seven years, told reporters.
De Lima had been accused by the Duterte administration of involvement in the illegal drug trade when she was justice secretary under the Aquino administration.
“I’m sure people, some people would again be saying that maybe she’s doing this out of vendetta, out of vindictiveness. No, I’m not,” she said. “This is not about politics, this is not about personalities. It’s just about upholding the Constitution, particularly the high principle of accountability of public officials holding high government offices like the Vice President.”
De Lima and incoming Akbayan party-list Rep. Jose Manuel “Chel” Diokno earlier accepted the House leadership’s invitation to join the prosecution panel because two of the 11 members of the prosecution team – Ako Bicol party-list Rep. Jil Bongalon and General Santos City Rep. Loreto Acharon – are not expected to return in the 20th Congress after losing in the midterm elections.
Another prosecutor, 1-Rider party-list Rep. Ramon Rodrigo Gutierrez, still has a chance to return to the Lower House as first nominee since his group is currently ranked 28th in the partial, unofficial election results.
Eight out of the 11 prosecution panel members are expected to return, namely, 4Ps party-list Rep. Marcelino Libanan, the lead prosecutor; Reps. Romeo Acop of Antipolo, Joel Chua of Manila, Arnan Panaligan of Oriental Mindoro, Ysabel Zamora of San Juan, Gerville Luistro of Batangas, Lorenz Defensor of Iloilo, and Jonathan Keith Flores of Bukidnon.
De Lima said Speaker Martin Romualdez called her at around 4 p.m. last Wednesday to congratulate her and later invited her to join the prosecution team, an offer which she only accepted after consulting with her party mates and lawyers.
The former justice secretary expressed confidence that the House’s case against the Vice President “is strong and has merit.” She said public opinion will surely influence how the senator-judges would vote – to either convict the Vice President or acquit her.
“If the Senate makes a mistake, the majority of senators, either for acquittal or for conviction, will ultimately answer to the people,” she said.
The Articles of Impeachment transmitted by the House to the Senate last February 5, accuse the Vice President of culpable violation of the Constitution, betrayal of public trust, graft and corruption and other high crimes.
Among the specific acts cited by the complaint is the Vice President’s alleged illegal use of P612.5 million in confidential funds during her concurrent tenure as Vice President and as former Education Secretary.
La Union Rep. Paolo Ortega V said the addition of De Lima and Diokno in the prosecution teams “brings serious legal firepower and further boosts the credibility and integrity of the process.”
“We’re now joined by two voices who have long been fighting for human rights and the rule of law. The inclusion of incoming Reps. De Lima and Diokno is a big thing, not only legally but also morally,” he said in Filipino.
Ortega highlighted the two new prosecutors’ roles as longtime critics of the Duterte administration’s extrajudicial killings, saying it will give the impeachment team’s case “substantial weight.”
He said the impeachment trial is no longer just a political process “but a national movement for truth, justice and accountability.” “This is justice in full force,” he said.
“They are considered legal heavyweights, that’s why we’re lucky that they became part of the House of Representatives,” Ortega said. “Their presence assures the public that the proceedings will be grounded in legal merit and constitutional fidelity. We want the people to see that this isn’t a show, and that it’s a serious legal undertaking with serious consequences.”
Lanao del Sur Rep. Zia Alonto Adiong of Lanao del Sur agreed that the two new lawmakers’ participation “fortifies the legal weight and institutional credibility to the impeachment trial of impeached Vice President Sara Duterte.”
“With the addition of incoming Reps. De Lima and Diokno, we see the convergence of moral clarity and legal precision in our pursuit of conviction. Their presence brings not only valuable expertise but also a profound human rights perspective that elevates the quality of the entire proceeding,” Adiong said.
Adiong said De Lima’s presence in the panel “carries deep symbolic and institutional weight,” adding that her inclusion “is more than strategic; it is poetic.” “It tells us that the advance of justice, may be delayed, but never denied,” he said.
He said Diokno’s presence would assure the public “that this trial is about truth, not theatrics, not power plays.”
“When the rule of law is tested, we must answer with clarity, courage and competence. The House has done that by bringing in two of the most respected legal minds of our generation,” Adiong said.
Escudero said the inclusion of De Lima and Diokno in the House prosecution team will “add to the prosecutors’ ability to present their case” given their past experiences as lawyers. – With Wendell Vigilia
