‘Senate caucus not needed for VP trial’

Chiz: Trial may take 2 months

MANILA, Philippines — There’s no need for senators to hold a caucus to discuss Vice President Sara Duterte’s impeachment trial, Senate President Francis Escudero said yesterday.

Escudero made his position clear in an interview with The STAR’s online show “Truth on the Line,” in a rebuff of a suggestion from Minority Leader Aquilino Pimentel III.

Even as he stuck to his timetable of starting the formal trial after the joint opening of the 20th Congress in late July, Escudero estimated that it could be finished within two months.

Escudero stressed that no more changes can be made in the legislative calendar, which was mutually agreed upon by both chambers in July 2024.

“I referred his (Pimentel) request to our colleagues, as well as to the rules committee and the Senate’s legal team that we’re forming now. However, whatever we do – caucus, coffee, dinner, snack – if there’s no session, there’s nothing we can do because we can’t change the timetable I mentioned, unless the Senate and Congress hold a session, and the impeachment is referred to the plenary, allowing the impeachment court to convene,” Escudero said.

“Until that happens, any coffee or snack meetings we have are pointless. But anytime, Senator Pimentel and I can have a snack, as long as he’s free and not too busy,” Escudero added.

He explained that the Senate, acting as an impeachment court, must follow established rules and procedures rather than rely on internal meetings to decide on matters related to the trial.

Escudero emphasized that an impeachment trial is a constitutional process, requiring senators to act as impartial judges. Unlike regular legislative sessions where a caucus might be used to align positions or discuss legislative priorities, impeachment proceedings demand strict adherence to legal and procedural standards to ensure fairness and due process.

The Senate President also pointed out that any procedural misstep or undue haste could provide Duterte with legal grounds to challenge the impeachment proceedings in court.

Escudero stressed that an impeachment trial of Duterte should follow the same procedures as previous impeachment trials of former president Joseph Estrada in 2010, former ombudsman Merceditas Gutierrez in 2011 and former chief justice Renato Corona in 2012.

“Why should we change that (procedure)? Because VP Sara is special? Because many are being pressured and can’t wait for this to proceed? Because they’re eager and furious about the Vice President’s situation? What’s the reason?” Escudero asked.

“How the Senate treated other impeachment complaints, that’s how this impeachment complaint should also be treated. That’s why Lady Justice is blindfolded, symbolizing justice. She sees nothing, everything is equal. And that’s what I intend to do regarding this case,” he said.

No justification

While some quarters are calling on the Senate to immediately convene as an impeachment court, Escudero said Congress is on recess and the Constitution provides only specific reasons to justify a special session.

“The problem is, there are no sessions anymore. We can’t convene without a session. This is a normal recess because of the election. They want us to hold a special session, but they’re in a hurry. But they should address what I mentioned about the Constitution. They want us to proceed immediately, so we will, and we’ll convene the impeachment court without a session, which is clearly illegal,” he pointed out.

No request to President Marcos

Escudero also emphasized he would not ask President Marcos to call for a special session to give way to an impeachment trial of Duterte.

“It is against the Constitution. The Constitution is specific, a special session can be called when the Senate President consults with the minority and majority leaders. There is no need for a caucus,” he said.

“Do they want to provide another reason (for Duterte supporters) to appeal to the Supreme Court? It’s not for me to do that. The Constitution is specific, a special session can be called when, first, the President dies or something happens, or the Cabinet certifies that the President is incapacitated,” Escudero maintained.

“If the Vice President dies, is impeached or becomes incapacitated, a new vice president must be selected from Congress. Third, when the President declares martial law, Congress automatically convenes. This is the only occasion for joint voting by the Senate and Congress, to vote on whether to extend or reject it. And fourth, to canvass the votes for president and vice president in a presidential election and to proclaim the winning president and vice president. Those are the only occasions when Congress itself can call a special session,” he added.

Escudero said the Senate impeachment trial is expected to take place in the morning sessions from Monday to Thursday, while the regular legislative session will continue in the afternoon of Monday to Wednesday.

He said the schedule aims to balance the Senate’s dual responsibilities – ensuring due process in the impeachment while keeping up with its legislative agenda.

No monopoly of knowledge

On lawyer Howard Calleja’s accusing him of constitutional breach for adjourning the Senate’s session even if there were two more days left in its legislative calendar, Escudero said the lawyer “does not have a monopoly of all legal knowledge to accuse anyone of anything.”

“Further, as I have stated before, I will not dignify nor listen to partisan legal opinions or positions for or against impeachment of VP Sara. I will follow the law and what I believe to be right and fair,” he said.

The lawyer said the Senate calendar was supposed to end on Feb. 7 yet but it adjourned on Feb. 5 without taking up the complaint in violation of the Constitution.

He added the House secretary general was made to wait for about an hour before being allowed to turn over the Articles of Impeachment. Roughly an hour later, at around 7 p.m., the Senate adjourned.

“We have to look at the culpability of Mr. Escudero for this constitutional breach,” he said. “It was ironic and even questionable. Instead of immediately taking up the complaint, Escudero immediately adjourned the Senate,” Calleja said.

“We have questions: why that unconstitutional rush? Who benefited from Chiz’s premature adjournment? Definitely Sara because there would be a lot of legal questions that could potentially kill the impeachment complaint under the 20th Congress,” the lawyer, said referring to Escudero by his nickname. “Is China, which is interested in controlling Philippine politics, too far behind? What is the benefit to Chiz who is known to be interested in the 2028 presidential elections?”

He accused Escudero of apparent disregard for the issue of high-level corruption involving the Vice President.

“Nabudol tayo ni Chiz (Chiz made a fool of us). Just when we are talking of billions of pesos being lost to alleged corruption, just when Sara threatened to have the President and the First Lady killed, which would have created unimaginable national instability, here he is trying to foist on us a scenario calculated to kill the impeachment of Sara Duterte,” he said.

“Chiz would not do this without benefiting himself. My question to Chiz is: you are a lawyer and forthwith is a simple English term. Who are you loyal to?”