Chiz sets start of impeach trial on July 30

MANILA, Philippines — As he continues to parry accusations of foot-dragging, Senate President Francis Escudero has proposed a calendar for the impeachment trial of Vice President Sara Duterte, beginning with presentation of the 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 the Articles of Impeachment during session on June 2 and have the chamber approve revised Rules of Procedure on Impeachment Trials.

Escudero proposed the oathtaking as judges of the incumbent senators on June 3, so that summons can be promptly issued, pleadings received, and a pre-trial undertaken from June 4 to July 25.

With the terms in office of some senators expiring on June 30, Escudero proposed the drafting of a new rule that would “provide clear guidance on the procedure to be followed in case the trial is not concluded before the sine die adjournment of Congress” from June 14 to July 27.

As for the 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 a.m. to 2 p.m., to give senators enough time to perform their legislative duties during the 3 p.m. session.

The Senate president included his proposed timeline in his Feb. 24 letter to all senators where he laid down the legal grounds for tackling the impeachment complaint during open session, and not during break.

‘Best option’

For former Senate president Franklin Drilon, setting the start of the impeachment trial of Duterte for July 30 or after the 19th Congress is Escudero’s “best option.”

He also said the Supreme Court can no longer intervene once the Senate is convened as an impeachment court.

“Senate President (Francis) Escudero cannot do anything to start the impeachment trial because the impeachment trial cannot start if there is no session of the Senate. The session will start in June. So, it is only by then that the impeachment will be constituted,” Drilon said in an interview with “Storycon” on One News.

“Now, the problem is, it will not really be finished in the 19th Congress. As a matter of legal strategy, what Escudero did is to cover the best available option which is the trial will start in the 20th Congress,” Drilon said. He also said the Senate president cannot decline if President Marcos orders him to convene a special session.

“Once a special session is called by the President, it is not a question of priority legislation (anymore). It is a question of the directive of the Constitution,” Drilon said.

Despite a provision in the 1987 Constitution which states that trial should proceed “forthwith” upon the transmittal of the Articles of Impeachment, Escudero said the word “forthwith” is defined differently in jurisprudence.

The dictionary meaning is “immediately,” but Supreme Court cases defined it as “within reasonable time, which may be a longer or shorter period, according to the circumstances of each particular case” and that it is “elastic in nature and varies with every case,” and “always modified by circumstances and the nature of the duty to be performed.”

Taken out of context

Escudero said the complex definition of “forthwith” is “not a novel question” in the Senate, citing the debate between the late senators Raul Roco and Miriam Defensor Santiago during the impeachment trial in 2000 of then president Joseph Estrada.

Santiago at the time said the “proceed forthwith” constitutional provision was “taken out of context” and should instead be read in the context of another provision in the charter on the promulgation of rules on impeachment before trial, according to Escudero.

“Asserting that reading the provision in isolation would distort the will of the Constitution, Senator Defensor Santiago emphasized that while the Senate must proceed ‘forthwith,’ it must do so with circumspection,” Escudero said of Santiago’s point, which was adopted by the body then.

The Estrada impeachment trial was conducted while the Senate was in session, Escudero pointed out, so the closest comparison to the Duterte impeachment complaint, which was filed before the break, was that of the aborted trial of resigned ombudsman Merceditas Gutierrez in 2011.

Gutierrez’s impeachment complaint was transmitted to the Senate on the last day of session in March 2011, similar to Duterte’s which was filed on the last session day in February before the break. The Senate adjourned without immediately convening as an impeachment court for Gutierrez, Escudero recalled.

“In the present case against the Vice President, the 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 the impeachment rules and procedures. As such, the Senate was adjourned as scheduled,” Escudero said.

The Senate chief defended the need for ample preparation for the trial, amid criticisms that he was deliberately stalling the proceedings.

“As the head of this institution, I am most cognizant of the Constitutional mandate that vests in the Senate the sole power to try and decide all cases of impeachment. This is an extraordinary duty that should be approached with all due caution and prudence, not to mention adequate preparation,” Escudero said.

Letters to Sara, Speaker

Escudero on Feb. 24 sent letters to Duterte and Speaker Martin Romualdez informing them of the procedural moves meant to ensure that both legislative chambers “conduct a fair and orderly impeachment trial.”

The procedures include ordering a review for the purpose of revising the rules of procedure, fixing the session hall for the Senate impeachment court, ensuring security for both prosecution and defense, seeking external legal counsels, and setting up of an “e-filing system” to receive digital copies of pleadings, and to send resolutions or orders to the parties and counsels.

“The Senate hopes to adhere to the said schedule and, considering that both the prosecution and defense will have ample time to prepare for the proceedings, will not tolerate any dilatory motion or pleading,” Escudero wrote to Duterte and Romualdez.

Escudero called for a press briefing yesterday to explain his moves to get the ball rolling, but he denied that he wrote the letters in response to criticisms from House prosecution members that the delay was benefiting the 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. This is not a response to any call or clamor or wish from any biased party,” Escudero said.

Escudero also chided Sen. Risa Hontiveros, who at a press briefing on Wednesday said “it would be a great neglect of duty for us senators in the 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!” he said.

“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 the proceedings we’re undertaking, which will in turn result in more delays,” he added.

Set into motion

As the Senate begins to organize administrative support for the impeachment trial of Duterte, a House leader said there’s no doubt the 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 the Duterte impeachment trial “affirms our commitment to upholding accountability at the highest levels of government.”

For a member of the 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. — Jose Rodel Clapano, Delon Porcalla