Published in its print edition on February 1 – 7, 2025
WHILE the Senate is the other co-equal chamber of the legislative branch of government, it cannot be forced to immediately act on the impeachment complaint against Vice President Sara Duterte.
It could be recalled that the House of Representatives impeached Duterte, just when the Senate adjourned. As it can be seen, the Senate is set to resume plenary sessions on June 2, after the midterm elections in May this year.
As Senate President Francis Escudero sees it, they could not immediately legally act on the matter. For him, the impeachment court was not convened yet and the complaint was not referred to plenary. This, he added, will be the basis for an impeachment court to be convened by the Senate sitting as a legislative body.
Escudero has his legal basis to speak of. The Senate needs a sufficient time to evaluate or assess the articles of impeachment. It was not even included in the legislative agenda during its last day of session.
However, the Senate rules are clear that the Senate President must organize and prepare the chamber for an impeachment trial and review Senate impeachment rules. Which means that any work that can be done before the pre-trial will be done.
The signatures of the 215 signatories, with additional 25 others, will be assessed. Impeachment complaints require verification under oath even though electronic signatures are valid for resolutions and bills. Legal standards must be complied.
The Senate rules are also in question. It has not been revised since former Chief Justice Renato Corona was tried in 2011.
While it is true that President Marcos can call a special session during the break, it can be reserved for urgent legislative matters and not for impeachment proceedings.
Hence, why push hard the independent Senate to act on it without even assessing the documents and putting the rules in a proper order.
Moreover, those at the House of Representatives are the ones “forcing” the Senate to act immediately when the impeachment documents slept for two months at the lower chamber before these were formally brought to the Senate.
Look who is talking now.
