Escudero: 20th House must say if it still wants to pursue case
Senate President Francis `Chiz’ Escudero. Photo by Noy Morcoso/好色先生TV
MANILA, Philippines — One of the two issues raised regarding the would have to be answered by the 20th Congress’ House of Representatives, Senate President Francis Escudero said on Monday.
Escudero, in a briefing, was asked how the House prosecution team should respond to the Senate’s order for a certification that the House of the 20th Congress will still pursue impeachment when the 19th Congress is still in office.
In response, Escudero clarified that it was clear that the House of the 20th Congress should respond to the issue.
“That is what was stated there, right? Compliance regarding the observance of the one-year ban, that the 19th Congress should submit. And compliance regarding whether they are still keen on pursuing the case, that should be up to the new Congress because the 19th Congress cannot bind, 19th House, the 20th House,” Escudero said in Filipino.
“So that should be given by the 20th Congress. That is clear,” he added.
Last June 10, the Senate sitting as an impeachment court ordered the remand of the articles of impeachment to the House.
Constitutional infirmities
The remand was brought out of concerns that the complaints had constitutional infirmities. One of the concerns is whether the constitutional provision stating that only one impeachment complaint can be initiated against an impeachable official was not violated. Another is whether the articles do not step on the jurisdiction and authority of the 20th Congress.
READ: Senate votes to send Duterte impeachment back to House
According to Escudero, the 19th Congress can submit the certification on compliance with one impeachment complaint per year separately or jointly with the 20th Congress’ certification on continuing to pursue their prosecutorial role.
“It was stated that it is the 20th Congress who will answer […] They can send that separately, they can also send that jointly, with the 20th Congress,” he said.
“The 19th Congress should answer the questions on compliance, because they were behind that,” he added.
The House’s response, Escudero said, would have to be contained in pleadings, just like in regular courts.
“All communications between the prosecution and defense should be done through pleadings. So they need to submit these pleadings to the courts, that is a legal document in accordance with the rules of court,” he said.
“So if that is a resolution from the House, they have to attach it to a pleading which is called compliance regarding the order of an impeachment court.,” he added.
After several concerns about whether the trial would proceed, the Senate convened as an impeachment court last June 10. However, 18 senator-judges voted in favor of the motion introduced by Senator-Judge Alan Peter Cayetano, which effectively sent back the Articles of Impeachment against the vice president to the House.
With the remand, the prosecution team announced that they will file a motion to seek clarification from the Senate regarding its decision to send back the articles of impeachment.
Until their questions are addressed, the prosecution team member and Batangas 2nd District Rep. Gerville Luistro said the House would defer acceptance of the returned articles. She, however, clarified that their actions are not in defiance of the Senate order, but just a desire to clarify possible issues.
Motion for clarification
Earlier, prosecution team member and San Juan City Rep. Ysabel Maria Zamora said that they have not yet filed their motion for clarification, noting that they believe the impeachment trial should proceed without it.
Zamora also clarified that the House complied with the Constitution’s provisions limiting the tackling of impeachment complaints to only one per year.
Under Article XI, Section 3(5) of the 1987 Constitution, “no impeachment proceedings shall be initiated against the same official more than once within a period of one year.”
According to Zamora, the House rules also state that the Speaker has 10 session days from receipt of the complaints to include the raps to the Order of Business.
Since February 5 — the date of Duterte’s impeachment through the fourth complaint — was the 10th session day, Zamora said both provisions have been complied with.
