Zamora: Special session not needed for Senate to convene as impeachment court
San Juan City Rep. Ysabel Maria Zamora. | PHOTO: Official Facebook page of Atty Bel Zamora
MANILA, Philippines — A special session of Congress may not be needed for the Senate to convene itself as an impeachment court and start the trial of Vice President Sara Duterte, prosecution panel member and San Juan City Rep. Ysabel Maria Zamora said on Tuesday.
In a statement, Zamora said the Senate does not need to request a special session from President Ferdinand Marcos Jr. as the legislative body was already an impeachment court the moment it received the articles of impeachment from the House of Representatives last February 5.
Zamora hinged her belief on the 1987 Constitution’s wording of impeachment complaints filed and verified by at least one-third of the entire House — “that trial shall proceed forthwith.”
“As to that, we don’t need a special session because the Constitution is clear that trial shall forthwith proceed. For us, the Senate is already the impeachment court even if it is on recess,” Zamora, one of the 11 House members tapped to form part of the prosecution team, said.
Zamora also noted that Marcos is correct in not intervening in the issue, as the legislative is a separate and co-equal branch of the executive.
Article continues after this advertisement“The executive is a separate branch of government; thus it is right for the President not to call for a special session,” she added.
Article continues after this advertisementThere have been calls, specifically from the opposition and the Makabayan bloc, for Marcos to call a special session of Congress so that impeachment proceedings against Duterte can start.
On Monday, Makabayan bloc lawmakers — ACT Teachers party-list Rep. France Castro, Gabriela party-list Rep. Arlene Brosas, and Kabataan party-list Rep. Raoul Manuel — said that Marcos should now call for a special session as the Duterte camp’s “legal maneuvers” indicate that the pursuit of accountability is being delayed.
A group of lawyers from Mindanao and Duterte, represented by her lawyers, filed separate petitions before the Supreme Court (SC) requesting a halt to the impeachment process.
READ: Marcos told: Call special Congress session to start Duterte impeachment
But Assistant Majority Leader and Lanao del Sur 1st District Rep. Zia Alonto Adiong said that colleagues in both the House and the Senate should refrain from dragging Marcos into impeachment discussions to ensure the separation of powers.
Adiong stressed that the impartiality of the court should be maintained, and no moves that may indicate influencing should be done.
READ: Solons: Don’t involve Marcos in impeachment, Congress is separate body
Meanwhile, Assistant Majority Leader and Ako Bicol party-list Rep. Raul Angelo Bongalon said the House has not yet received copies of petitions to stop the impeachment proceedings. Bongalon said he is confident that the SC will not intervene.
“We have not yet received a copy of the order, but definitely we will comply. We are confident that the Supreme Court will not intervene,” Bongalon said.
1-Rider party-list Rep. Ramon Rodrigo Gutierrez also said that Malacañang’s stance on the special session aligns with its previous statements regarding the impeachment process.
“This seems to be consistent with the Palace’s first pronouncements on the possibility of calling for a special session,” Gutierrez added. “But in any case, if we look at the Constitution, this is a responsibility that primarily falls on the Senate. We respectfully and eagerly anticipate the Senate’s action on this matter.”
Bongalon and Gutierrez, like Zamora, are members of the prosecution team.
Duterte was impeached by the House last February 5 after 215 lawmakers filed and verified a fourth impeachment complaint against her. The articles of impeachment were immediately transmitted to the Senate, as the 1987 Constitution requires a trial to start forthwith if at least one-thirds of all House members — in this case, 102 out of 306 — have signed and endorsed the petition.
READ: House impeaches VP Sara Duterte, fast-tracking transmittal to Senate
However, the trial has yet to start as the articles of impeachment were not forwarded to the Senate plenary before session ended on February 5 — which means that Congress would have to reconvene first after the election season, or through a special session to discuss the matter.
There are also conflicting opinions whether it is proper for the current Senate to start the trial when the 2025 midterms elections would surely change the composition in the legislative chamber.
Former Sen. Panfilo Lacson, however, believes there is no issue if the impeachment trial starts within the 19th Congress and crosses over to the 20th Congress, based on the same principle used by the judiciary — where jurisdiction of a court division does not change despite the resignation or retirement of a sitting justice.
