By Wilnard Bacelonia
MANILA – Senate President Francis Escudero on Thursday ruled out any impeachment proceedings during Congress’ adjournment, citing legal and procedural constraints that must first be addressed before the Senate can act on any complaint.
Speaking at the Kapihan sa Senado briefing, Escudero clarified that the Senate has not been formally notified of any impeachment complaint and that no official discussions have taken place among senators regarding the matter.
“There have been no formal meetings or caucuses about this issue before we adjourned — not on Tuesday, Monday, or even last week,” he said.
Congress is on recess from Feb. 6 to June 1.
The House of Representatives on Wednesday impeached Vice President Sara Duterte after at least 215 members, more than the one third membership requirement, signed the complaint documents.
The impeachment documents were transmitted to the Senate and received by the Senate Secretariat before the session adjourned.
Escudero said the Senate must be in session before an impeachment court can be convened.
“To swear in impeachment judges and formally begin trial, the Senate must be in session. While trials can continue during recess, as seen in the Corona case, they must first be initiated while the Senate is convened,” he stated.
Escudero emphasized that Senate rules require the Senate President to first establish proper order before an impeachment trial can begin.
He also dismissed claims that the Senate should “immediately” proceed with the trial, clarifying that the Constitution states that the Senate “shall forthwith proceed with trial,” but does not specify an exact timeframe.
He pointed to past impeachment cases as precedents, noting that the 2011 impeachment of Ombudsman Merceditas Gutierrez took nearly two months before trial began.
Similarly, the late Chief Justice Renato Corona’s impeachment complaint was filed in December 2011, but trial proceedings only started in mid-January 2012.
“If you look at precedent, ‘forthwith’ does not mean the next morning. The House of Representatives took over two months before forwarding impeachment complaints in past cases,” Escudero said.
He also questioned why the Senate is being pressured to act quickly, pointing out that the House transmitted the complaint late in the session.
“Why are we being asked to act within hours when they took their time? They sent it on the last session day, nearly 5 p.m.,” he said.
Escudero, however, gave an assurance that while the Senate is on recess, it will use the time to review and update its impeachment rules to ensure a more efficient process.
“We need to improve procedures, such as requiring judicial affidavits, allowing hearings before a commissioner, and establishing stronger pre-trial rules to streamline the trial proper,” he explained.
He also noted that verifying impeachment complaint signatures is a crucial step.
Unlike regular resolutions or committee reports, which allow electronic signatures, impeachment complaints require verified wet signatures.
“The complaint must be sworn before the House Secretary General. We will check if the signatures are electronic or handwritten to ensure compliance with the one-third requirement for direct Senate filing,” he said.
Since the Senate will only resume session on June 2, any action regarding the impeachment complaint will have to wait until then.
“Legally, an impeachment trial cannot proceed during recess because the impeachment court has not been convened. The complaint has not been referred to the plenary, which is necessary before the Senate can act as an impeachment court,” Escudero explained.
Escudero said the Senate will handle the impeachment process with neutrality and fairness.
“We will carry out our duties with the cold neutrality of an impartial judge, without fear or favor. We will rule based on what is right and what the law provides,” he said. (PNA)
