ASEANEWS HEADLINE-TRENDING | MANILA: Pimentel backs impeach trial during break

MANILA, Philippines — Senate minority leader Aquilino Pimentel III said the President should call for a special session so that the impeachment trial of Vice President Sara Duterte can begin during the election break and judgment can be rendered before the end of the 19th Congress.

Pimentel said it is too much of a delay if the Senate – which received the impeachment complaint on Feb. 5 – only acts on it when it resumes session on June 2.

“As of now, there will be over three months without action on the impeachment complaint. There should be movement,” Pimentel said over radio dwIZ yesterday.

He cited the 1987 Constitution, which states that the Senate should act on an impeachment complaint with urgency.

Under Article XI or “Accountability of Public Officers,” the Constitution states: “In 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.”

“The Constitution states the Senate should act ‘forthwith’ – which means there should be a sense of urgency. There is no problem with a week or a month to act on it. But to let three months pass without any movement – that is no longer ‘forthwith,” Pimentel said.

Merriam-Webster defines “forthwith” as “immediately” or “without any delay.”

Pimentel said that while he agreed with Senate President Francis Escudero’s statement on the need for months-long preparation for pre-trial and document submission from both parties, it is better that these preparations are done as early as this month, so that trial can commence during the break, even at the height of election campaign season.

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Therefore, the reelectionist senators whose campaign will be affected – Ronald dela Rosa, Bong Go, Francis Tolentino, Imee Marcos, Pia Cayetano, Ramon Revilla Jr. and Lito Lapid – have no choice but to fulfill their duties as impeachment court judges, he said.

“That is part of our job description as senators. We should have known that from the very first day when we filed our candidacies,” Pimentel, a lawyer, stressed.

While hoping that a decision can be rendered before the 19th Congress ends on June 30, Pimentel said there is no legal impediment to carrying over the trial to the next Congress.

Meanwhile, Congress can also take advantage of the special session to pass important but pending pieces of legislation, such as the proposed new government auditing code, corporate code, judicial fiscal autonomy and e-governance, the senator added.

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Drilon to Marcos: Call special session now

Collective call

Neri Colmenares, Bayan Muna chairman and first nominee, shared Pimentel’s call for a special session of Congress, saying June 2 is too late for the Senate to finish the impeachment trial by June.

Since the 4th Monday of July falls on July 28, Congress only has up to June 16, 2025 to hold sessions. This leaves the Senate with only 12 days to hold impeachment trials since June 4 is a regular holiday, Colmenares said.

“While the impeachment court may hold hearings even if Congress is not in session, it will still be difficult for it to finish trial before June 30 since Rule VII of the Senate Impeachment Rules grants Respondent VP Sara Duterte 10 days from receipt of the impeachment complaint to file her answer, which means that the impeachment court can only start hearings at the earliest after June 13, 2025 – making it very difficult for the court to finish its proceedings,” he explained.

Colmenares said the Senate has the discretion to hold impeachment hearings at any time under Rule III of the Senate Impeachment Rules which provides: “Unless the Senate provides otherwise, it shall continue in session from day to day (except Saturdays, Sundays and non-working holidays) until final judgment shall be rendered, and so much longer as may, in its judgment, be necessary.”

Colmenares was a public prosecutor in the impeachment of former ombudsman Merceditas Guttierez and former chief justice Renato Corona.

“It (Senate) can schedule the hearings at any time that there is a quorum starting March should some senators refuse to attend the impeachment trial for fear of losing votes in Duterte bailiwicks. After all, at least 12 of the incumbent senators are not running in the 2025 elections. If the Senate really wants to fulfill its constitutional duty, it should also request the President to call for a special session,” he said.

Across University of the Philippines (UP) campuses, student councils were united in pushing for the ousting of Sara Duterte as Vice President.

In a resolution passed during the 58th convention of the General Assembly of Student Councils (GASC) in Angeles City, UP student councils “highlighted the call to the Senate to hold an emergency session for Duterte’s impeachment trial, since the upper chamber adjourned session without even discussing the complaint,” UP Diliman student publication Philippine Collegian reported.

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Escudero unfazed

Despite the growing calls to fast track the impeachment hearing of Duterte, Escudero maintained that he will not give in to pressure, shrugging off accusations of delaying the proceedings.

“Who are those who want us to rush into this? I hope they point out to me the law that requires the Senate to do so,” Escudero said over dwIZ radio yesterday.

“I do not care about them. I will neither listen to nor heed the demands of pro- or anti-impeachment. I will only follow what is in the law, the Constitution and the rules of the Senate and the impeachment court,” he added.

Escudero said that as presiding officer of the impeachment, he will ensure that justice will prevail based on the evidence to be presented.

“We will treat this like any other ordinary impeachment trial. Why will we make this special? Is Vice President Sara a special impeachable officer? She is just like any other in our eyes,” the Senate President said.

Escudero clarified that the President can call for a special session to fast track the passage of important pieces of legislation, not to call for an impeachment trial.

Under the “Legislative Department” or Article VI, the 1987 Constitution merely states that: “The President may call a special session at any time.”

“Why is there a need to convene a special session? A special session can only be called for the passage of important proposed laws. Impeachment is not part of it under the Constitution,” Escudero said.

He also balked at some legal experts’ claims that the 1987 Constitution mandates the Senate to act immediately on a transmitted verified impeachment complaint.

“They are citing the word ‘immediately’ which is not present in the Constitution. It only states ‘forthwith.’ Meanwhile, previous impeachment proceedings took months of preparation before a full-blown trial. Did we hear them complain about it at the time?” Escudero said.

He was referring to the impeachment of former ombudsman Gutierrez and the late chief justice Corona.

However, their impeachment trial did not take over three months to proceed. Gutierrez’s impeachment complaint was transmitted to the Senate in March 2011, and trial was supposed to start upon resumption of the session in May, but was aborted with her resignation. Corona’s impeachment complaint meanwhile was filed December 2011 and trial started a month later or in January 2012. –  Jose Rodel Clapano, Elizabeth Marcelo