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Stalemate: Can Senate call special session for Duterte impeachment?

Composite photo of Vice President Sara Duterte and the Senate

Metro Manila, Philippines – No resolution in sight as discordant views – on whether or not the Senate leadership can independently call a special session to begin the trial of Vice President Sara Duterte – keep lawmakers divided.

The idea originated from Senate Minority Leader Aquilino “Koko” Pimentel III, who suggested last week that Senate President Francis “Chiz” Escudero could call for a special session during the congressional break to convene the impeachment court. Pimentel said President Ferdinand Marcos Jr. need not call a special session, as the House would not be involved in convening the impeachment court.

Escudero quickly rejected Pimentel’s proposal.

“Bago yata ‘yan… hindi pwedeng mag special session ang Senado nang kami lang. May proseso, may procedure, at may mga basehan bago magpatawag ng isang special session,” Escudero said in a radio interview over the weekend.

[Translation: That’s new… the Senate cannot call a special session on its own. There is a process, a procedure, and legal grounds before a special session can be called.]

Former Senate President Franklin Drilon, a seasoned lawmaker, backed Escudero’s view.

“Hindi pwedeng mag-session ang Senado on its own. Mas pabor ako sa sinabi ni Senate President Escudero na kailangan may session,” Drilon said in a statement.

[Translation: The Senate cannot hold a session on its own. I agree with Senate President Escudero’s statement that a session is necessary.]

Drilon said the Constitution allows Congress to meet outside its scheduled calendar without a formal call from the President only in specific cases, such as when a majority of the Cabinet certifies the President can no longer perform his duties or when martial law is declared, requiring Congress to approve or revoke it.

In a text message to NewsWatch Plus on Monday, Feb. 24, Pimentel clarified that the Senate’s session should not be confused with a special congressional session.

“The session to be held by the Senate as an impeachment court is only called ‘special’ because this is not ordinary. This is very different from the ‘special session’ to be called by the President. The first one is a court session. The special session to be called by the President is a legislative session,” Pimentel said.

He said he will continue to push for a caucus to persuade his colleagues on the need to convene the impeachment court soon—possibly as early as March—to fulfill the Senate’s constitutional mandate to act on the Articles of Impeachment with urgency.

Escudero is consulting other senators about holding a caucus amid the busy campaign period, with seven re-electionists and others helping their allies.

“While I don’t see the need nor utility of a caucus, I have nevertheless relayed Sen. Pimentel’s request to the Rules Committee, Senate Legal Team, and some of our colleagues,” Escudero said.

Escudero has ordered logistical preparations and the drafting of impeachment rules, which he expects to be approved when the session resumes on June 2. This will be followed by a pre-trial, with Escudero anticipating the full trial to begin when the 20th Congress opens in July.