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VP Sara assured of fair Senate trial

Cecille Suerte Felipe - The Philippine Star
VP Sara assured of fair Senate trial
Senate President Francis “Chiz” Escudero leads a consultative meeting on January 7, 2025.
Jesse Bustos

MANILA, Philippines — Vice President Sara Duterte would receive fair treatment from the Senate once the impeachment trial begins most likely in two months, Senate President Francis Escudero said yesterday.

Escudero affirmed that the impeachment proceedings would commence once Congress resumes session on June 2.

He also emphasized that he is unlikely to request a special session to expedite the trial.

“Everything will be based on the law, rules and the Constitution, ensuring fair treatment for the Vice President as a respondent in this case. We will not show favoritism, nor will we rush or unnecessarily delay the process. We will do what is right, regardless of how strong public sentiment may be – whether in opposition or support,” Escudero said in Filipino during an interview over dzBB.

The House of Representatives transmitted the impeachment complaints against the Vice President to the Senate on Feb. 5, but Escudero said the Senate would prepare and could tackle the matter only when Congress resumes session in June after the midterm elections.

The Senate President estimated that the impeachment trial would last for two months, much like the impeachment trials of former president Joseph Estrada, ombudsman Merceditas Gutierrez and late former chief justice Renato Corona.

He noted that the proceedings with Duterte could be faster with the new rules of court on the pre-trial briefing or agreement, with two parties to present all the documents and would proceed with the cross-examinations.

When asked if President Marcos intended to call a special session to expedite the impeachment proceedings against the Vice President, Escudero said there was no indication of such a move.

“There is no indication yet that the President will call a special session, but when the President calls, what will we do? We will have to attend,” Escudero noted.

“I will repeat, I do not want special treatment, we do not want to be accused of being too hasty compared to the previous impeachment complaints,” he said.

Before commencing the actual impeachment trial, Escudero said there were several things that need to be discussed, decided and voted on by the senators, who would be sitting judges in the proceedings.

He added that the senators would need to be updated on the rules, which need to be published. “Second, we have to convene the impeachment court, so that all the members of the Senate are sworn in as judges.

“Third, once the calendar is approved, it is all done while the Senate is in session, not when it is on recess. As the whole process started during the session, the trial can continue as it happened in other impeachments even though Congress is in recess,” Escudero said.

Election lawyer Romulo Macalintal raised legal concerns over Escudero’s statement that Duterte’s impeachment trial would not be decided by the senators of the 19th Congress, which ends on June 30, but by those of the 20th Congress.

“If we follow what Atty. Macalintal is saying, does that mean that by June 30, finished or not finished, we should make a decision to convict or acquit even though the presentation of the case is not finished? Does that mean, finished or not finished, even if it is not finished and we will not vote, that is wrong?” he added. “But if the Supreme Court would rule in his favor, we will always follow the Supreme Court, but if the high court does not issue a temporary restraining order, the Senate will continue until it is finished.”

Duterte support down in Mindanao?

The former overwhelming political support the family of former president Rodrigo Duterte had in their region in Mindanao has significantly dwindled, with just nearly three years after he stepped down from power when he finished his six-year term in mid-2022.

A perusal of the 215 list of officials and members of the House of Representatives who affixed their signatures in the impeachment complaint against his daughter, showed 43 out of 60 Mindanao lawmakers backed the move.

This is based on the 41 original complainants, plus two others who belonged to the group of 25 House members who wanted to join, but just didn’t make it for various reasons, including being physically not present during the signing, because they may have been abroad or simply out of town.

“If you will notice, 41 of 60 House members from Mindanao signed the impeachment complaint. So, that means, the situation is changing even in their bailiwick areas, among their constituents,” militant Rep. France Castro of party-list ACT Teachers noted.

“What the trolls are saying – that developments at the House do not reflect the situation on the ground – that is no longer true because the situation is changing. And the complaint was signed by a super majority. So, that is what we think the significance is,” the Makabayan bloc lawmaker added.

The 17 Mindanao congressmen who didn’t sign the impeachment complaint were led by Duterte’s lawmaker-son, Paolo Duterte, of Davao City’s first district, along with their ally, Davao third district Rep. Isidro Ungab, who served as deputy speaker when Duterte was still president.

Surigao del Norte Rep. Robert Ace Barbers, the chairman of the House committee on dangerous drugs who was also among the signatories to the Duterte impeachment complaint, pointed out that nobody has the right to question the 215 lawmakers who signed the complaint.

“Having 240 or more than three-fourths of supporters who signed the complaint is simply beyond coercion, manipulation. It’s very clear that this is a national issue not just for politics. More than alliances of parties, this one delves on complying with the rule of law and penalties, too,” Barbers said.

He said this is one of the most strongly backed impeachment complaints in Philippine history, with signatures coming from different political parties, proving that this is not an issue of partisanship, but a matter of duty.

With the impeachment complaint gathering way beyond the required votes, Barbers stressed that the process has taken a life of its own and cannot be stalled. “This cannot be stopped, especially by a very few. Too many have already voted and signed the complaint.

“If 215 already affixed their signatures, and 25 more have also expressed willingness, then you cannot just dismiss it as coercion or manipulation. This has always been the call of Congress, and which started from our constituents as well,” he said. –  Delon Porcalla

CHIZ ESCUDERO

SARA DUTERTE

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