By Joseph Bernard A. Marzan
Senate President Francis Escudero on Wednesday, March 26, rejected a House prosecution panel’s motion to summon Vice President Sara Duterte to respond to an impeachment complaint, citing legal grounds.
Speaking at the Kapihan sa Manila Bay forum, Escudero reiterated that the Senate cannot proceed with the impeachment trial while Congress is in recess.
He has yet to formally respond to the “Entry with Motion to Issue Summons” filed by the 11-member House prosecution team on Tuesday, March 25, but said he would deny it.
He explained that the impeachment court must first be formally convened before any motion can be entertained.
Escudero clarified that ongoing Senate committee hearings cannot justify accepting the filing, as impeachment trials follow different procedures.
4Ps Party-list Rep. Marcelino Libanan, who signed the motion, said during a press conference Tuesday that Sen. Imee Marcos’ recent hearing on the International Criminal Court’s arrest order for former President Rodrigo Duterte encouraged them to move forward with the request.
“An impeachment trial can only be held when Congress is in session,” Escudero said.
“That cannot be done during a recess, and it is clear that hearings and impeachment trials follow different sets of rules.”
“In due course, we will answer the filing, although I think they already know the answer,” he added.
He welcomed the prosecution panel’s potential appearance before the Senate, but maintained that the process must follow constitutional and procedural requirements.
Escudero pointed out that the panel cited the Senate’s 2011 impeachment rules, used during the 2012 trial of then-Chief Justice Renato Corona.
“Have they presented the Articles of Impeachment in the plenary? Has the impeachment court been convened? Not yet, so a writ of summons cannot be allowed,” he said.
“If they want to debate that, here’s my advice,” he added.
“Since I was a kid, I learned that if we keep hurrying, things only take longer.”
“Later, they might even give Vice President Duterte more grounds to challenge the process before the Supreme Court.”
“I would rather remain prudent and closely follow the law than adopt experimental procedures they now want us to pursue,” he said.
Escudero, who is a lawyer and not up for re-election until 2028, said he is using the recess to review the Rules on Evidence and civil and criminal procedures.
“Even though I’m a lawyer, it’s best to study those things again,” he said.
“That’s also the advice I gave to my fellow senators and the prosecution panel.”
He said the Senate will tackle the convening of the impeachment court after it resumes in June, including adopting formal rules for the trial.
The impeachment trial is expected to take place during the 20th Congress.
