Senate minority fails in first bid to convene VP Sara impeach court immediately

Senate President Chiz Escudero, however, takes his oath as presiding officer, with senator-judges set to do the same the following day, but this does not mean the impeachment court has been convened

MANILA, Philippines – Senators Koko Pimentel and Risa Hontiveros tried to formally start the impeachment trial of Vice President Sara Duterte on Monday, June 9, but were unsuccessful.

Minority Leader Pimentel first raised the motion, seconded by his deputy Hontiveros, for the Senate to immediately convene into an impeachment court, but what followed was two hours of debate on technicalities and procedures, followed by another two hour-long suspension of proceedings for informal talks and negotiations.

When the Senate resumed session, the motion was amended to reflect the compromise: Escudero took his oath as presiding officer of the trial, and the senator-judges are scheduled to take their oath on Tuesday, June 10, at 4 pm.

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“After the oath-taking of the senator-judges, the court will be constituted, but not convened yet,” Senator Joel Villanueva, who raised the amended motion, said.

Pimentel’s original motion proposed the following:

• That the Senate’s legislative business be suspended;
• That Senate convene into an impeachment court on Monday instead of Wednesday, June 11;
• That Senate President Chiz Escudero take his oath as presiding officer;
• That Escudero administer the oath of senators present;
• That the impeachment court call the impeachment case against Vice President Duterte and come up with trial calendar;
• That the impeachment court ask prosecutors to read impeachment articles on Tuesday, June 10;
• That writ of summons be subsequently issued to Duterte.

“There is confusion as well as distrust at a time when our constitutional duty demands decisive and quick action, and not unnecessary delays, and endless debate on whether our duty is optional,” Pimentel said during deliberations.

“The power to impeach is at heart the duty to hold public officers accountable, and to protect democracy from the abuse of power by the highest public officials of our land. This process must not be rendered impotent through procedural subterfuge,” Hontiveros added.

After the first long suspension, the minority bloc agreed that the Senate refer the impeachment articles to the rules committee first, and administer the oath-taking for Escudero and the senator-judges.

Pimentel and Hontiveros, however, thought that completion of the oaths automatically meant the convening of the impeachment court, but Senator Bato dela Rosa disagreed, resulting in another long suspension of proceedings.

June 11 is the day that the the legislative branch adjourns sine die, and there is uncertainty on whether the Senate would push to abort the trial.

Senators Bato dela Rosa and Robin Padilla, allies of the Vice President, have both drafted resolutions seeking a de facto dismissal of the trial, although neither have been filed with the upper chamber. If they do file it, it will likely be put to a vote.

Legal experts have challenged the constitutionality of such proposals, given that the 1987 Constitution states that “trial by the Senate shall forthwith proceed” once impeachment articles have been transmitted from the House to the Senate.

Senate Majority Leader Francis Tolentino, whose term expires on June 30, also argued that the impeachment case cannot carry over from the 19th to 20th Congress, and even proposed a 19-day trial with a judgment day scheduled at the end of the month.

Pimentel and Hontiveros, and other pro-impeachment advocates, however, hold the view that impeachment is part of the non-legislative function of the legislative, and can carry over from the 19th to the 20th Congress. – Rappler.com