Former Supreme Court Senior Associate Justice Adolfo Azcuna (FILE PHOTO)
MANILA, Philippines 鈥� The Senate can still convene for the impeachment trial of Vice President Sara Duterte even though Congress is on recess, according to retired Supreme Court Senior Associate Justice Adolf Azcuna.
Azcuna opened the possibility when asked about the statement of Senate President Chiz Escudero that holding an impeachment trial 鈥渓egally cannot be done.鈥�
The Senate leader previously said the complaint was not referred to the plenary to establish a basis for convening the impeachment court by the Senate.
READ: No impeachment trial vs VP Duterte during break of Congress 鈥� Escudero
鈥淚bang poder itong impeachment kesa law-making. Therefore, ibang rules ang mag apply dito tungkol sa timing,鈥� Azcuna said in an interview at the Kapihan sa Manila Bay on Wednesday.
(Impeachment is different from law-making. Therefore, different rules apply to this on the timing.)
鈥淜ahit na they are on recess, dapat umpisahan nila. Yung recess, bahagi lang sa law-making,鈥� he pointed out.
(Even though they are on recess, they should start this. The recess is only part of law-making.)
Azcuna is a former member of the consultative committee that drafted the 1987 Constitution.
鈥淭hey (Senate) still exist even though they are in recess. They can still be commanded by the Constitution to do something other than law-making, and impeachment is like that,鈥� he noted.
In supporting his argument, Azcuna cited Article XI of the 1987 Constitution.
This provisions states: 鈥淧ublic officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency; act with patriotism and justice and lead modest lives.鈥�
In a Facebook post on Tuesday, Azcuna said:
鈥淭he provisions of the Philippine Constitution on the process of impeachment and removal of specified public officials are found, not in the Article on Legislative Power (Article VI), but in a separate Article on Accountability of Public Officers (Article XI).鈥�
鈥淚t follows that the procedures mandated under this Article on Accountability are not constrained by matters of legislative calendars providing for periods of recess and temporary adjournments from the work of legislation under Article VI,鈥� he further said.
鈥淎rticle XI says once the complaint or resolution of impeachment, signed and verified (meaning under oath)聽 by at least one-third of the members of the House, is filed, it constitutes the Articles of Impeachment, and trial by the Senate shall forthwith proceed,鈥� Azcuna explained.
鈥淪o even if the Senators are on legislative recess, they have to convene, take the required oaths or affirmations, and proceed to trial,鈥� the former Supreme Court senior associate justice said.
鈥淭here is no need for a call. The provision of Article XI is the call. It is, in fact and in law, an order,鈥� he stressed.
Azcuna said the impeachment process in the upper chamber has two parts 鈥� convening and acquiring the jurisdiction on the impeachment complaint, and the trial for the presentation of evidence.
鈥淵ung presentation of evidence can wait, but taking the oath is the important part. They have to take another oath as members of the tribunal. The tribunal has to be convened,鈥� he emphasized.
鈥淥nce they convene, they will acquire jurisdiction over the impeachment complaint,鈥� he explained.
鈥淭hey can schedule the trial in July, but they have acted already on the impeachment complaint and, therefore, they have acquired jurisdiction,鈥� Azcuna suggested.
On February 6, Escudero said that for an impeachment court to be convened, there has to be an ongoing session in the chamber.
He said this would allow impeachment judges to take oaths.
He also mentioned that this will happen on June 2, once the session resumes, after this year鈥檚 midterm elections.
On February 5, the lower chamber confirmed that 215 lawmakers signed the fourth impeachment complaint against Duterte.
The first impeachment complaint against the vice president was crafted by civil society organizations and endorsed by Akbayan Party-list Rep. Percival Cenda帽a on December 2.
On December 4, Bagong Alyansang Makabayan led 70 representatives of progressive groups in filing the second impeachment complaint against Duterte.
On the other hand, the third complaint was lodged by religious groups and a group of lawyers on December 19.