Senate President Francis 鈥淐hiz鈥� Escudero and Senate Minority Leader Aquilino 鈥淜oko鈥� Pimentel (File photos from the Senate Social Media Unit)
MANILA, Philippines 鈥� Senate President Francis Escudero has warned his colleagues of 鈥渦nintended or even dangerous consequences鈥� if the Senate convenes on its own to start the impeachment trial of Vice President Sara Duterte.
In a letter to senators dated February 24, Escudero explained his stance on the many questions raised on the impeachment case.
鈥淎s an impeachment court, the Senate will not be performing its usual legislative functions. It is my position, however, that an imprimatur from the body is required before the Senate can convene for a non-legislative purpose,鈥� he said.
Senate Minority Leader Aquilino 鈥淜oko鈥� Pimentel III earlier floated the possibility of the Senate convening as an impeachment court even during the Congress break without President Ferdinand Marcos Jr. calling for a special session.
READ: Koko Pimentel: Senate may convene impeachment court on its own
Escudero, however, invoked the Senate rules, particularly聽 Section 42, which he said 鈥減rovides an exclusive enumeration of the grounds for the Senate President to reconvene the Senate without the need of call by the President.鈥�
鈥淭hese are limited to the discussion of urgent legislative matters and other grounds likewise found in the Constitution,鈥� the Senate chief said.
鈥淔or all other instances not enumerated, the power to call a special session at any time and for unspecified grounds belongs only to the President of the Philippines,鈥� he added.
鈥淎 misapplication of Section 42 and the lack of an enabling resolution from plenary can lead to unintended or even dangerous consequences,鈥� he stressed.
In the same letter, he reiterated his position on the controversial word 鈥渇orthwith鈥� in reference to any impeachment case transmitted to the Senate for trial.
A provision of the 1987 Constitution states: 鈥淚n case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.鈥�
Escudero, however, cited the late Sen. Miriam Defensor Santiago鈥檚 argument when the same issue was raised during the aborted impeachment trial of then-President Joseph Estrada.
At that time, Escudero said, Santiago asserted that while the Senate must proceed forthwith, it must do so with circumspection.
鈥淭he body took Senator Defensor Santiago鈥檚 position and only issued the summons after the Resolution on the Rules of Procedure on Impeachment Trials was adopted,鈥� Escudero pointed out.
READ: Escudero bares proposed calendar of Sara Duterte impeachment trial
Despite all these issues, the Senate chief noted that he has already taken steps 鈥渢o take proper order on the subject of impeachment鈥� in accordance with the existing impeachment rules.
He said his office has been reviewing the rules and has started drafting proposed amendments that would, among others:
- 聽authorize the Senate President to issue summons on the person impeached and preside over the pre-trial and the receipt of judicial affidavits;
- incorporate directly or by reference, Revised Rules of Court provisions on judicial affidavits, pre-trial conference, reception of evidence, electronic filing of pleadings, and other matters; and
- provide clear guidance on the procedure to be followed in case the trial is not concluded before the sine die adjournment of Congress.
According to聽 Escudero, he decided to explain all these in writing so his colleagues could weigh on the issues surrounding the impeachment of Duterte.
He said Duterte and the House of Representatives were also furnished a copy of his letter to the senators.