Senate President Francis “Chiz” Escudero on Monday night cited precedents in the Senate amid criticisms that the Senate was abandoning its constitutional mandate to forthwith convene as an impeachment court and try the impeached Vice President Sara Duterte.
Amid deliberations of the Senate minority’s motion for the Senate to convene itself into an impeachment court, Escudero took the floor to address the criticisms again that he delayed the impeachment proceedings despite the constitutional provision that it should be done “forthwith.”
The Senate President, in citing precedents, also showed that the Senate in the past dismissed impeachment complaints without rendering an acquittal or a conviction.
There was even an instance when the impeachment complaint was dismissed without the Senate being convened as an impeachment court.
“We are governed not only by the Constitution but also by our rules. We are also governed by precedents. We are also governed by decisions of the Supreme Court pertaining to the matter,” Escudero said.
Escudero referred to the impeachment proceedings in the Senate of then-President Joseph Estrada in 2000, former Chief Justice Renato Corona in 2011, and former Ombudsman Merceditas Gutierrez also in 2011.
He said that while the impeachment trial of Estrada started in 2000, the impeachment court took a break when Congress took its year-end recess.
“May nagreklamo ba at nagsabing, ‘Uy forthwith, a’?” Escudero said.
(Did anyone complain and say, ‘Isn’t the impeachment trial supposed to proceed forthwith?)
He said that when the impeachment court voted not to open the second envelope in the trial of Estrada, the prosecutors walked out and never returned to the proceedings.
“Wala nang prosecutor, wala nang interesado, dinismiss forthwith ang impeachment complaint dahil wala nang prosecutor,” Escudero said.
(There were no prosecutors. No one’s interested. The impeachment complaint was dismissed because there were no prosecutors.)
Escudero said that the impeachment complaint against Corona was filed a few days before the congressional break.
“Bagaman tama si Senator Pimentel at sang-ayon ako, pwede tayong mag-trial habang recess. Ginawa na po ‘yan sa kaso ni Chief Justice Corona. Again, we are governed not only by the Constitution, our rules, but also by precedents.” Escudero said.
“Subalit, may malaking pagkakaiba. Dapat nasimulan, na-refer, at nagkaroon ng plenary action sa articles of impeachment para ma-constitute ang impeachment court bago ito magpatuloy habang recess,” he added.
(While Senator Pimentel is correct and I agree that we can have a trial while on recess. That has been done in the case of Chief Justice Corona. Again, we are governed not only by rules but also by precedents. But there is a huge difference. The articles must have been referred and subjected to plenary action so that the impeachment court would be constituted before the trial can proceed during recess.)
Escudero said it was unconstitutional to proceed with the trial during recess without the articles of impeachment getting taken up by the Senate in plenary.
He again took a swipe at the House of Representatives, which transmitted the impeachment complaint to the Senate two hours before the chamber adjourned on the last session day in February.
As regards Gutierrez’s impeachment case, Escudero said the Senate dismissed the complaint against the then-Ombudsman after she resigned before her trial before the impeachment court.
“If you will look at the past precedents of the Senate, nagawa po nila ‘yun without convening the impeachment court. Wala pong nagsabi, ‘Hoy, inaabandona n’yo ang inyong constitutional duty n’ung ginawa ng Senado ‘yon’,” Escudero said.
“‘Pag sang-ayon ba ang pinaka-maingay o pinaka-matatalino sa ating bansa, okay lang? ‘Pag hindi sila sang-ayon, hindi na okay. Bugbog ka na. Bugbog na ang institusyon. Dapat may gawin na tayo. The Constitution, the rules, and the precedents do not change simply because a group says otherwise,” he added.
Escudero on Monday night took his oath as presiding officer of the impeachment court in the trial of Vice President Sara Duterte.
The Senate also adopted Sen. Joel Villanueva’s motion that the rest of the senators take their oaths as senator-judges in the impeachment trial at 4 p.m. on Tuesday.
After the senators take their oaths, the court would be constituted but not yet convened, Villanueva said in his motion, which was approved. –NB, GMA Integrated News
