RED-LETTER DAYS The nation awaits the Senate impeachment trial of Vice President Sara Duterte, with the crimson robes of the senator judges already prepared when this photo was taken on May 15. But Senate President Francis Escudero announced another reset on Thursday, surprising peers and unsettling a member of the House prosecution panel. 鈥擯HOTO FROM SENATE
MANILA, Philippines 鈥� Representative-elect Leila de Lima on Friday said she was concerned that the postponements by Senate President Francis 鈥淐hiz鈥� Escudero of the start of the impeachment trial of Vice President Sara Duterte could ultimately scuttle it.
In the latest postponement, Escudero announced on Thursday night that he had moved the reading of the impeachment complaint against Duterte before the Senate from June 2, when Congress resumes session, to June 11.
He justified the rescheduling by citing the need for both the Senate and the House to 鈥減rioritize the passage鈥� of 12 鈥減riority bills鈥� before the current Congress adjourns on June 13. Members of the 20th Congress formally take their seats on July 28. (See related story on this page)
搁贰础顿:听Estrada on Sara Duterte impeachment trial: Senate won鈥檛 abandon duty
De Lima, who has been selected to be one of the 11-member House prosecution panel in the impeachment trial, cited the first delay when Escudero refused to convene the Senate into an impeachment court shortly after the House sent its impeachment complaint against Duterte to the Senate on Feb. 5.
Leadership call
With the recent statement from President Marcos that he didn鈥檛 want the impeachment to push through, 鈥渨e can鈥檛 help but connect the dots that there might be a possibility that they will be in fact killing the impeachment trial,鈥� De Lima told the Inquirer.
Deputy Majority Leader and La Union Rep. Paolo Ortega on Thursday, expressed a similar concern, likening Escudero鈥檚 decision to being 鈥渟tood up by a date.鈥�
鈥淎s we always say, it鈥檚 in the hands of the Senate,鈥� he told reporters. 鈥淭his is a leadership call 鈥� but we are indeed concerned about the time element. Just a few months ago, even a few weeks ago, there was already a set timeline only for this to happen again.鈥�
Ortega said they had no choice but to accept Escudero鈥檚 reasons for the postponement.
De Lima also sees a scenario where the senators, when they convene on June 11, would vote on whether to allow the impeachment proceedings to cross over from the 19th to the 20th Congress.
搁贰础顿:听Sara Duterte impeachment will go on through next congress, says solon
鈥淎nd it鈥檚 not going to be a reach to imagine that the majority would say, 鈥楴o, this cannot cross over,鈥欌�� she said. 鈥淭hat鈥檚 why I can鈥檛 help but say that they seem to be sending signals that they鈥檙e no longer going to proceed with this, which is so bad.鈥�
Escudero, a lawyer, has already said that it鈥檚 possible for Duterte鈥檚 impeachment to cross over to the next Congress even if the complaint was filed in the previous Congress, citing jurisprudence affirming that the Senate was a continuing body and that impeachment was not a legislative function and therefore doesn鈥檛 expire with each Congress.
De Lima, a former senator, agreed with Escudero on this, adding that impeachment was a 鈥渟pecial duty, constitutional duty of Congress鈥� that is separate from its lawmaking function.
鈥淪o the Senate rules which are ordinarily applicable to the other proceedings in the Senate, cannot apply for impeachment, because it is sui generis, one of a kind. That is precisely why there is an entire chapter in the Constitution that dwells on this,鈥� she said.
Sotto鈥檚 take
Senator-elect Vicente 鈥淭ito鈥� Sotto III, who is a contender for the Senate presidency in the 20th Congress, is less optimistic about continuity.
He cited Section 123 of the Rules of the Senate which states that 鈥渁ll pending matters and proceedings shall terminate upon the expiration of one Congress but may be taken up by the succeeding Congress as if presented for the first time.鈥�
If the senators do vote to thumb down continuity, the House prosecutors could challenge that in the Supreme Court, De Lima said. And if the Senate votes to proceed with the trial, Duterte could also challenge that in the high tribunal.
In either case, this would be decided by the Supreme Court but would extend the delay in the impeachment trial, she said.
鈥淭hat鈥檚 why these delays are important to keep watch, because they could be a signal for what is happening,鈥� she said.
Whether there are compromises being worked out and there is 鈥渉aggling鈥� for the Senate leadership and whether the impeachment is being used somehow in choosing the next Senate President 鈥渟hould not be important,鈥� De Lima said.
鈥淚t鈥檚 still about respect for the Constitution and the rule of law. The only way they can show respect for the Constitution and the rule of law is to proceed with the trial,鈥� she said.
De Lima suggested that senators should not prematurely decide to quash the impeachment trial based on their perception of the 鈥減ublic pulse.鈥�
Koko: 8 days wasted
鈥淭he right time to gauge public pulse is during the impeachment trial itself when the evidence is being laid out. How can people have an informed view of how important and crucial it is that the impeachment trial should proceed if that never happens?鈥� she said.
Outgoing Senate Minority Leader Aquilino 鈥淜oko鈥� Pimentel III was also critical of Escudero鈥檚 decision to postpone the start of the impeachment trial, saying it was constitutionally flawed and flouted the Senate鈥檚 own rules.
Pimentel had previously insisted that the impeachment trial should commence 鈥渇orthwith鈥� as mandated by Article XI, Section 3, of the 1987 Constitution. He also opposed Escudero鈥檚 earlier decision to convene the Senate impeachment court after the legislative break.
搁贰础顿:听INQToday: Senate invites House prosecutors to Sara Duterte impeachment trial
鈥淚t鈥檚 not right,鈥� Pimentel told reporters by phone. 鈥淚n my own view, it is not in the spirit of (the constitutional provision) which states that the 鈥榯rial (by the Senate) shall forthwith proceed.鈥欌��
鈥淭hose eight days will just be wasted,鈥� he said.
According to him, Escudero did not consult him regarding the matter, but only told him about it when they attended the Legislative-Executive Development Advisory Council (Ledac) meeting in Malaca帽ang on Thursday.
Others as surprised
Six other senators, who all asked not to be identified in deference to Escudero鈥檚 authority as Senate president and as presiding officer of the impeachment court, said they were also surprised with the sudden change in schedule.
Pimentel noted that Section X of the Senate Rules of Procedure on Impeachment Trials clearly stated that the 鈥渓egislative business of the Senate, if there be any, shall be suspended, and the Secretary of the Senate shall give notice to the House of Representatives that the Senate is ready to proceed鈥� with the impeachment trial.
鈥淢aybe (Escudero) just forgot that there is a section in our existing rules that if the Senate schedule is full, we have to prioritize the impeachment (trial),鈥� he said.
Win, Jinggoy agree
鈥淭hat鈥檚 the spirit of our rules,鈥� Pimentel argued. 鈥淲e should not be afraid if we have a (full) legislative agenda because our rules anticipated it already.鈥�
Escudero has not replied to the Inquirer鈥檚 request for comment.
Both Sen. Sherwin 鈥淲in鈥� Gatchalian and Senate President Pro Tempore Jinggoy Estrada backed the Senate leader鈥檚 decision to focus on the priority bills before tackling Duterte鈥檚 impeachment trial.
Estrada said the primary duty of the Senate was to make laws.
He also dismissed De Lima鈥檚 concerns and statements as 鈥済randstanding.鈥�
鈥淪he always believes in rumors,鈥� Estrada said. 鈥淲e are not going to abandon our constitutional duty to hear the impeachment case against the Vice President.鈥�