Bayan Muna files position paper asking Senate to form an impeachment court
Bayan Muna Chairperson Neri Colmenares asks the Senate to form an impeachment court and hold a trial for Vice President Sara Duterte. He submits a position paper to the Senate on Feb. 19, 2025, for this purpose. (Photo from FAITH ARGOSINO / 黑料社)
MANILA, Philippines — Bayan Muna chairperson Neri Colmenares has filed a position paper before the Senate, calling on the chamber to immediately convene as an impeachment court.
He also asked the senators to expedite the trial against Vice President Sara Duterte.
Colmenares lodged the position paper at the Office of the Senate Secretary on Wednesday.
In the copy of the document, Bayan Muna listed four key points as the legal and constitutional basis for its position as to why there is a need to conduct the impeachment proceedings immediately, even amid the campaign season.
READ: Bayan Muna urges Senate to expedite VP impeachment proceedings
Article continues after this advertisementFor its first legal basis, the group cited Article XI Section 3 (4) of the Constitution, saying that the Senate should forthwith proceed with the impeachment trial as commanded by the Constitution—not on June 2, 2025, or in the next Congress.
Article continues after this advertisementBayan Muna likewise argued that the president “has the power to call for a special session and should convene a special session of Congress immediately,” citing Article VI, Section 15 of the Constitution.
Moreover, the group said, “There is no need for the Senate to draft a new set of impeachment rules, as there is a standing set of Senate Rules on Impeachment in the 19th Congress.”
“Found in the Senate website is the ‘Senate Rules’ of the 19th Congress, which states that,” Bayan Muna pointed out in the position paper.
“This latest and updated edition of the Rules was published by the Legislative Publications Service (LPS) Senate of the Philippines [in] March 2023,” it recalled.
“Said Rules also contain the Rules of Procedure Governing Inquiries in Aid of Legislation and Resolution Adopting the Rules of Procedure in Impeachment Cases,” it said.
“Clearly, therefore, the Senate has rules effectively governing impeachment cases, which [were] duly approved and published and has been the rules used by the Senate under the 19th Congress,” it added.
“Drafting a new set of rules, having it approved by all the members, and publishing the same will only unduly delay the impeachment trial—again in violation of the constitutional requirement that [the] impeachment trial shall proceed forthwith,” the group further said.
For its final point, Bayan Muna cited Rule I on Rules of Procedure on Impeachment Trials.
(Photo from FAITH ARGOSINO / 黑料社
The rule states:
“When the Senate receives articles of impeachment pursuant to Article XI, Sections 2 and 3 of the Constitution, the President of the Senate shall inform the House of Representatives that the Senate shall take proper order on the subject of impeachment and shall be ready to receive the prosecutors on such time and date as the Senate may specify.”
In conclusion, Bayan Muna reiterated its request for President Ferdinand Marcos Jr. “to call for a special session without the need for a request from the Senate.”
It also urged the Senate “to desist from delaying the impeachment trial by drafting a new set of impeachment rules and instead use the already approved and published Rules on Impeachment under the 19th Congress.”
The organization also argued that Duterte’s impeachment should be an election issue and that candidates should “categorically make public their position on the impeachment so that the voters and the Filipino people will know.”
Bayan Muna’s move came after the camp of Duterte, specifically a group of Mindanao lawyers, earlier filed a petition before the Supreme Court on Tuesday to stop the impeachment complaint against the vice president.
The petition for certiorari and prohibition seeks to issue a temporary restraining order and declare the impeachment complaint null and void.
On February 5, the House of Representatives confirmed that 215 lawmakers signed the fourth impeachment complaint against Duterte.
However, Senate President Francis “Chiz” Escudero said holding an impeachment trial “legally cannot be done,” as the complaint was not referred to the plenary to establish a basis for convening the impeachment court by the Senate.
Escudero explained that for an impeachment court to be convened, there has to be an ongoing session in the chamber.
He said this situation would allow impeachment judges to take oaths.
Escudero told reporters this event will happen on June 2 once the session resumes, after this year’s midterm elections.
