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MANILA, Philippines — Parrying accusations that he was deliberately delaying the impeachment trial of Vice President Sara Duterte, Senate President Francis Escudero yesterday said her enemies were the ones making the claims, which have been causing confusion among the people.
Escudero, who has come under public scrutiny for rescheduling the reading of the Articles of Impeachment to June 11 – two days before Congress adjourns sine die – denied criticism that he was complicit in attempts to derail the impeachment process.
“Those who are saying that were opposed to or against Vice President Sara,” Escudero said over radio dzMM.
He pointed out that a majority of Filipinos are more concerned about seeing their leaders “prioritize pressing national concerns over partisan conflict” than engage in political bickering.
He added that most Filipinos would rather see their lawmakers focus on governance instead of getting mired in politicking.
“It’s not right getting fixated with politics from Monday to Friday every week,” he added.
Critics and observers have accused Escudero of setting the stage for a failure of Duterte’s impeachment trial by limiting the time available for the Senate to conduct a full trial before the 19th Congress adjourns sine die on June 13, and when the terms of lawmakers – including House prosecutors – expire on June 30.
Based on the new timeline set by Escudero, senators would be squeezing in on June 11 the reading of the Articles of Impeachment, oath-taking of senator-judges and the issuing of the summons against Duterte – if the Senate plenary votes to convene as an impeachment court on the same day.
Under impeachment rules, Duterte would be given 10 days to respond to the summons. If the Senate issues summons on June 11, Duterte has until June 21 to respond. However, this leaves the House prosecutors with more or less nine days before their authority expires.
After June 30, Escudero said there would no longer be a pre-trial because of the expiration of terms.
When asked if his statements against Duterte’s critics indicated an aversion to the impeachment process, Escudero reiterated that due process would be followed but within appropriate boundaries.
“For those in favor of impeachment trial, there is appropriate time to talk, and it’s not right to talk about it everyday. So I’ve set the right time to talk about this, and we’ll do it,” he said in Filipino.
No to ‘drama’
Escudero emphasized that legislative work should not be entirely sidelined by political proceedings.
“I’m sure we can set aside some time for work, for what is right, for what should be, for what we can agree on and for what we can work on together – not just drama all the time,” he said.
If the Senate convenes as an impeachment court on June 11, some legal minds said a trial can be carried over to the 20th Congress.
While some senators, including Escudero, have acknowledged that this interpretation is correct, the Senate President stressed that the 20th Congress may still vote not to continue the trial.
Senate Majority Leader Francis Tolentino earlier asserted that allowing the trial to continue in the next Congress would be unconstitutional, while Minority Leader Aquilino Pimentel III and Sen. Risa Hontiveros argued otherwise.
In a message to reporters, Pimentel said the Supreme Court may choose not to take up legal questions on whether Duterte’s impeachment trial can be carried over to the 20th Congress.
“It can be brought up but not now. Still premature. And there is no assurance that it would be taken seriously because the issue has great portion that is political in nature,” Pimentel said.
Hontiveros also expressed her frustration over the delay, saying in jest that it’s her “first time to see a ball getting dribbled for four months.”
The impeachment complaint was submitted to Congress in February or four months ago. “Even in basketball there is a shot clock,” she said.
“These delays are no longer procedural. They are obstructions dressed up as protocol,” she said, emphasizing that the impeachment process is a vital accountability mechanism entrusted solely to the Senate. “Enough games. Time to move.”
For former Senate president Franklin Drilon, questions about the 20th Congress’ jurisdiction over Duterte’s impeachment trial already have answers in the Constitution, which dictates that if the 19th Congress convenes as impeachment court, the trial “must continue until a decision is rendered.”
Drilon said arguments against allowing an impeachment trial to continue in the next Congress were based on Senate rules, which state that all unfinished legislative business of the chamber – including bills and resolutions – die when it adjourns.
“That section cited is applicable to bills and resolutions. An impeachment complaint is not a proposed law or resolution, so the Senate rules are not applicable,” Drilon said.
“Of course, jurisdiction is something that must be brought up because of the peculiarity of the situation where we are today,” he said. But he said such tack is tantamount to suppressing the truth with technicality. He stressed that the 1987 Constitution requires “a continued trial until a decision is rendered.”
Abandoned
Some members of the House of Representatives said the Senate “abandoned” its mandate and violated the Constitution when it delayed the impeachment trial of Duterte.
“The decision not to push through with the impeachment trial is already a violation of the Constitution and a refusal of what the people really want,” House Deputy Majority Leader Lorenz Defensor, a member of the House prosecution panel, said.
“It is an abandonment of the Senate’s duty to exact accountability and sets a bad example to the young and future leaders of our country,” he added.
“The fact that they transferred it (June 2 trial) to June 11 simply means the next day will be a holiday, being the country’s Independence Day. In all likelihood, we will be suffering more delays in the impeachment process,” Defensor said.
Former senator Leila de Lima, an incoming congresswoman representing party-list Mamamayang Liberal, urged senators to carry out Duterte’s impeachment trial at the soonest possible time.
“To the Senate: you are not gatekeepers of convenience. You are stewards of the Constitution. The responsibility now rests on your shoulders. You must rise to meet it. Let the trial begin,” De Lima said.
“This is not merely a question of whether the VP will be convicted. This is about whether the truth will even be allowed into the room. Whether the evidence will see the light of day. Whether the Senate will do its job, or quietly surrender its role as the last forum of accountability,” she said.
Akbayan party-list Rep. Perci Cendana also called out Escudero for postponing the impeachment trial.
“This is not Paris fashion week,” he said, apparently referring to an event Escudero attended with his celebrity-wife Heart Evangelista.
“Convening the Senate as an Impeachment Court is a solemn constitutional duty, not a seasonal accessory you put on or discard depending on the political weather, or one’s personal agenda,” he reiterated. — Delon Porcalla, Emmanuel Tupas, Bella Cariaso, Jose Rodel Clapano, Mark Ernest Villeza
