Senate President Francis “Chiz” G. Escudero (Senate Public Relations and Information Bureau)
MANILA, Philippines — Senate President Francis “Chiz” Escudero on Wednesday turned down the House prosecution team’s latest call to have Vice President Sara Duterte summoned by the Senate and make her answer the impeachment complaint against her ahead of the actual trial.
Escudero said the Senate could not act on the request since Congress was still on a break and that the public prosecutors themselves were aware of this.
“On page two of the very motion they filed, they quoted the Rules of the Senate that said, ‘After the presentation of Articles of Impeachment and once the court is convened, the writ of summons shall be issued,’” Escudero said at a news forum.
READ: House serves motion requiring VP to answer impeachment complaint
He said House Minority Leader Marcelino Libanan, head of the 11-member prosecution team, was merely resorting to political “calisthenics” in pressing the senators to convene as an impeachment court ahead of the resumption of their regular session on June 2.
“They even quoted it. So my question is, have they presented the articles of impeachment in plenary? Have we convened the impeachment court? We have not,” he said.
“Then we cannot issue a writ of summons,” he added.
‘Experimental procedures’
Escudero warned that the actions of the House prosecutors might only give the Vice President more reasons to challenge her impeachment before the Supreme Court.
“I would rather be more prudent and more closely faithful to what the law provides than go through these experimental procedures that they would want us to do,” Escudero said.
“It cannot be done because the Senate is not in session,” he added.
He also addressed Libanan’s contention that the Senate may already proceed with the impeachment process since Sen. Imee Marcos was able to conduct a hearing last week on the arrest of former President Rodrigo Duterte.
Escudero said his fellow lawmaker knows that committee hearings may be held even during their recess. “I think he already knows the answer,” he said.
No pressure
In defense, House Deputy Majority Leader and Iloilo Rep. Lorenz Defensor, an impeachment prosecutor, said their motion was merely part of the legal procedures rather than an attempt to pressure the upper chamber.
He was referring to the motion filed by Libanan and 1-Rider Rep. Rodge Gutierrez to require Duterte to answer the impeachment complaint signed by 215 lawmakers.
In a radio interview, Defensor said the House prosecution team would never go beyond the bounds of law and the Senate impeachment rules.
“We cannot just strong-arm judges in a trial court,” Defensor said. “And what we did was merely based on the Senate rules, and the Senate secretary accepted or received the motion.”
The seven articles of impeachment against Duterte include graft and corruption in connection with her alleged misuse of P625 million in confidential funds as vice president and education secretary, and her assassination threat against President Marcos, first lady Liza Araneta-Marcos, and Speaker Martin Romualdez.
VP must face charges
The Senate has so far refused to convene into an impeachment court two months after the House transmitted the impeachment complaint, despite constitutional experts saying it was required to “proceed to trial forthwith.”
Escudero initially outlined a timeline, saying it would convene the impeachment court on July 30, or two days after Mr. Marcos’ State of the Nation Address.
Duterte herself is currently in the Netherlands to attend to her father, who is facing trial for crimes against humanity before the International Criminal Court (ICC).
Defensor acknowledged that Duterte must be preoccupied with her father’s troubles, but reminded her of her responsibility to face the charges against her.
“As Vice President, while you have a father to take care of, you also have a nation to be accountable for,” Defensor said.
‘Where is VP?’
Malacañang made the same reminder on Wednesday in reaction to the Vice President’s statement that the Philippines was “on the road to perdition” under Mr. Marcos’ watch, citing the poverty and hopelessness that has mired the country.
“The Filipinos are losing hope? But isn’t she the one who’s actually not in the Philippines?” Presidential Communications Office Undersecretary and Palace press officer Claire Castro said.
She also warned Filipinos that the country will be worse off electing an absentee leader like Duterte.
The Vice President flew to The Hague on March 12 to visit and make arrangements for her 79-year-old father, such as putting together an ICC-accredited legal team to defend him.
The Vice President’s return to the Philippines remains uncertain, although she is authorized to travel to parts of Europe until April 30.
Castro said that Duterte should already return to the country to perform her duties and obligations.
“Being vice president is her obligation and she should know what … [T]he President she’s accusing of perpetuating hopelessness is here in the Philippines, working every day … But where is the Vice President?” she asked.