Manila: Senate President Francis Escudero on Thursday ruled out any impeachment proceedings during Congress' adjournment, citing legal and procedural constraints that must first be addressed before the Senate can act on any complaint. Speaking at the Kapihan sa Senado briefing, Escudero clarified that the Senate has not been formally notified of any impeachment complaint and that no official discussions have taken place among senators regarding the matter.
According to Philippines News Agency, the Senate must be in session before an impeachment court can be convened. "To swear in impeachment judges and formally begin trial, the Senate must be in session. While trials can continue during recess, as seen in the Corona case, they must first be initiated while the Senate is convened," he stated. Escudero emphasized that Senate rules require the Senate President to first establish proper order before an impeachment trial can begin.
Escudero also dismissed claims that the Senate should "immediately" proceed with the trial, clarifying that the Constitution states that the Senate "shall forthwith proceed with trial," but does not specify an exact timeframe. He pointed to past impeachment cases as precedents, noting that the 2011 impeachment of Ombudsman Merceditas Gutierrez took nearly two months before trial began. Similarly, the late Chief Justice Renato Corona's impeachment complaint was filed in December 2011, but trial proceedings only started in mid-January 2012.
He questioned the urgency being imposed on the Senate, pointing out that the House transmitted the complaint late in the session. "Why are we being asked to act within hours when they took their time? They sent it on the last session day, nearly 5 p.m.," he said. However, Escudero assured that while the Senate is on recess, it will use the time to review and update its impeachment rules to ensure a more efficient process.
He explained the need to improve procedures, such as requiring judicial affidavits, allowing hearings before a commissioner, and establishing stronger pre-trial rules to streamline the trial proper. Verifying impeachment complaint signatures is also a crucial step, as impeachment complaints require verified wet signatures, unlike regular resolutions or committee reports, which allow electronic signatures.
Since the Senate will only resume session on June 2, any action regarding the impeachment complaint will have to wait until then. "Legally, an impeachment trial cannot proceed during recess because the impeachment court has not been convened. The complaint has not been referred to the plenary, which is necessary before the Senate can act as an impeachment court," Escudero explained. He assured that the Senate will handle the impeachment process with neutrality and fairness, stating, "We will carry out our duties with the cold neutrality of an impartial judge, without fear or favor. We will rule based on what is right and what the law provides."
