INCOMING Rep. Leila de Lima (PL, Mamamayang Liberal) said Senate President Francis “Chiz” Escudero violated the Constitution after he rescheduled the presentation of the Articles of Impeachment against Vice President Sara Duterte to June 11.
The presentation was originally scheduled yesterday.
“The convening of the impeachment court and proceeding with the impeachment trial is not optional,” De Lima, a member of the House prosecution panel and a former justice secretary, told reporters after a meeting with members of the minority bloc of which she could be a member of in the upcoming 20th Congress.
De Lima was referring to Section 3 (4) of Article XI (Accountability of Public Officers) of the Constitution, which provides: “In case the verified complaint or resolution of impeachment is filed by one-third of all the members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.”
“Yes, yes, that’s always been my position, that is clearly violative of what the Constitution says — forthwith is forthwith. It’s already been delayed, postponed a few times. The House and the Senate cannot point fingers at each other,” she said in mixed English and Filipino.
A total of 215 House members signed the impeachment complaint against the Vice President last February, way more than the required number, but Escudero, at that time, said while the word “forthwith” should mean that the Senate will convene as an impeachment court, it should be “within the bounds of law” as it would be illegal to do it while Congress was on recess.
Escudero, in a press conference at the Senate yesterday, said the plenary will ultimately decide on all impeachment matters.
“The plenary is the supreme body of the Senate. 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 for that matter by plenary,” he said.
Escudero also said rescheduling the formal presentation of the Articles of Impeachment does not favor the prosecution or the defense because it will not hinder the Senate from proceeding with the impeachment trial.
Speaker Martin Romualdez said he respects the Senate’s decision to reschedule the start of the proceedings as the House has already done its constitutional role of transmitting the Articles of Impeachment.
“So we leave it to their sound discretion as to how they want to proceed and conduct,” Romualdez told reporters after inaugurating a new multipurpose facility at the House.
He acknowledged that the Senate has already laid out its own legislative agenda, which includes the priority bills identified under the Legislative-Executive Development Advisory Council.
Romualdez declined to say what he expects to happen in the next few weeks, saying “everything is speculative at this point.” “But we hope things resolve itself positively for all,” he said.
The House leadership has been pressuring the Senate to begin the hearings but Escudero earlier blamed congressmen for allegedly taking their own sweet time before they decided to impeach the Vice President, who is accused of culpable violation of the Constitution, betrayal of public trust, graft and corruption and other high crimes.
Escudero on May 23 announced that the presentation of the seven Articles of Impeachment was scheduled for June 2 only to postpone it last Thursday to June 11, the last session day of the 19th Congress, saying it was to allow the Senate to dispose of pending legislative measures.
‘UNACCEPTABLE’
De Lima criticized re-elected Sen. Imee Marcos, a Duterte ally, for saying that the impeachment initiative is already dead even before the trial begins, saying the Senate has no choice but to but to follow the Constitution.
“Why are we going to accept that? We want the truth to come out. We want the one who should be held answerable to answer,” she said. “It’s unacceptable that they’re shutting it down this early when they haven’t even seen the evidence in full or its strength.”
De Lima last week raised fears that something was going on in the Senate after Escudero postponed the reading of the complaint against Duterte whose allies are expected to shield her from the impeachment move.
House prosecutors have been saying that the trial may cross over to the incoming 20th Congress until a final judgment is rendered but other veteran lawyers like former senator Franklin Drilon and Romulo Macalintal have expressed doubts about it, saying the issue will surely reach the Supreme Court since the Congress that initiated the case is the previous one.
Rep. France Castro (PL, ACT) and incoming Rep. Antonio Tinio, also of ACT, also assailed Marcos, reminding her of the House’s duty to seek accountability and justice amid allegations of misuse of public funds.
“This is the problem with people like Senator Marcos and VP Duterte who are not used to being held accountable for their wrongdoings against the nation. They think it is acceptable to steal billions as long as they spread fake news and disinformation to deceive the people,” said Castro.
Tinio, for his part, said: “What will happen to justice and accountability for the people if this is the kind of leadership we have? Huge amounts of money remain unaccounted for, with no explanation of how it was spent or what it was used for, yet they think this is acceptable.”
“Declaring that ‘the impeachment is already dead’ is clearly a tactic to propagate impunity. This kind of mindset should not be tolerated in government,” Tinio added.
Camarines Sur Rep. Gabriel Bordado Jr., a member of the Liberal Party who is with the minority bloc, said the Senate is setting “a dangerous precedent that compromises accountability.”
“Are we to tell the Filipino people that impeachable offenses committed by the second highest official of the land are less urgent than our legislative targets?” he asked. “Is this delay not, in effect, a compromise of our solemn duty as public servants sworn to uphold the Constitution?”
“When did convenience become a valid excuse to delay justice?” Bordado said. “When did we decide that institutional housekeeping is more important than institutional integrity?” he added.
Citing the gravity of the allegations against the Vice President, particularly the alleged misuse of more than P600 million in confidential funds, defiance of congressional oversight and unbecoming conduct, Bordado insisted the case “is not about politics.”
“I did not sign the Articles of Impeachment lightly,” he said. “This is not a political vendetta. This is a principled stand for transparency, integrity, and the rule of law.” “As legislators, we are often measured not by what we pass, but by what we permit. If we permit delay in the face of alleged abuses of power, then we too become complicit in the erosion of our democracy. The nation is watching. And the nation deserves better.”
LACK OF TIME
Escudero, at the press conference, said even if the Senate convenes as an impeachment court in the present 19th Congress, it can only go as far as issuing summons to Vice President Sara Duterte and no trial can be done due to lack of time.
Congress resumed regular sessions yesterday and will adjourn sine die on June 13.
“No one will be favored, no one will be hurt because the most that we can do from the very start is to issue summons. So, no one gained, no one lost. What we have now is more time to perform our true tasks–to pass relevant measures,” he said in Filipino.
He said that the Rules on Impeachment states that the accused will be given 10 days to reply to the summons, thus, nothing has been lost in the time of the impeachment court.
“If the summons will be sent on June 3, the response will be received on June 13. By that time, Congress is already in sine die adjournment. If that will be sent on June 11, Congress is also adjourned on June 21. Also, the authority of the prosecution panel will end when Congress adjourns. The trial cannot proceed without the presence of the other side,” he said.
Asked if the senators of the 20th Congress would not convene as an impeachment court so just to kill the impeachment trial, Escudero said, “I doubt that that will happen.”
He said the matter will also be tackled among senators.
He cited an instance during the impeachment trial of former President Joseph Estrada when the members of the Senate convened as an impeachment court six days after the complaints have been received.
In case of former Chief Justice Renato Corona, he said the impeachment court was created a month after the complaint was received by the Senate, and in the case of former Ombudsman Merceditas Guttierez, the Senate convened as an impeachment court six months after the complaints were received.
“The only difference is that the impeachment trial will cross over a new Congress…No Congress can bind subsequent congresses. We cannot pass an irrepealable law, we cannot pass a thing that the next Congress cannot amend. So, whatever will be binding to us (senators), will not be binding in the next Congress),” he said.
“Nothing prevents anyone from making a motion, nothing prevents anyone from putting it into a vote, nothing prevents anyone from objecting but ultimately, it will be debated and put to vote,” he added.
SCHEDULE
For now, Escudero said, the presentation of the articles will be held on June 11, after which the complaints will be referred to the Senate Committee on Justice which will trigger the creation of the impeachment court, then the senators will take their oath as impeachment trial judges, and they will then approve the rules and issue summons to the Vice President.
Once the 20th Congress steps in on July 28, he said, the Senate will open its session in the morning, suspend it afterwards to listen to the President’s state of the nation address in the afternoon.
On July 29, he said, the new Senate members will take their oath as trial judges and then they will have to decide on the scheduling of the trial proper.
Trial proper will start on July 30 from 9 a.m. to 2 p.m.
Senate majority leader Francis Tolentino said the delays in the impeachment trial “undermines our role as an impeachment court.”
He said that allowing the 20th Congress to take over the impeachment trial is “beyond our constitutional power.”
“Jurisdiction over impeachment is exclusive to the Congress that receives the complaint –Supreme Court rulings in Nery v. Senate and Balag v. Senate. In our own Senate Rules, Rule 44 Section 123, confirm that all legislative and investigatory matters terminate with the expiration of Congress. This principle is affirmed internationally. Jefferson’s manual provides that unfinished businesses do not carry over into a new Congress,” Tolentino said in his manifestation before the plenary.
“If we cannot conclude the trial before June 30, 2025, we must recognize this impeachment case is functionally dismissed by constitutional operation and no action can be taken by the 20th Congress on the matter for lack of constitutional authority,” he added.
Senate minority leader Risa Hontiveros, in response to Tolentino’s manifestation, said that the non-legislative functions of the Senate are not affected by the shift from the 19th to the 20 Congress.
“It is true that the 19th Congress cannot bind the 20th Congress and all unfinished business will be terminated. But that is only true for any work done by us in the exercise of our legislative functions,” she said.
