Escudero rejects House prosecutors’ call to order VP Duterte to answer impeachment complaint

Metro Manila, Philippines - Senate President Francis “Chiz” Escudero rejected a motion by House prosecutors to issue a writ of summons to Vice President Sara Duterte, directing her to immediately respond to the Articles of Impeachment, despite the ongoing congressional break.

“It cannot legally be done, hindi siya pwede dahil walang sesyon ang Senado (it cannot be done because the Senate is not in session),” Escudero said during the Kapihan sa Manila Bay media forum on Wednesday, March 26.

House prosecutors, led by 4Ps Party-list Representative Marcelino Libanan, filed a motion on Tuesday, arguing that if the Senate Committee on Foreign Relations was able to launch a motu proprio hearing on former President Rodrigo Duterte’s arrest during the congressional recess, it should also begin the impeachment trial, as the Constitution mandates that such trials be conducted “forthwith.”

However, Escudero stressed that while any committee can investigate matters on its own initiative during the congressional break, the impeachment court can only be convened when the Senate is in session.

“To answer him directly, kapag may session ang Senado, doon lamang pwedeng mag-presenta sila ng Articles of Impeachment at doon lamang din pwedeng i-convene ang impeachment court, sa pamamagitan ng pagsusumpa ng miyembro ng Senado,” Escudero said.

[Translation: To answer him directly, when the Senate is in session, that is the only time they can present Articles of Impeachment and the impeachment court can only be convened through the oath-taking of the Senate members.]

“Hindi iyan pwedeng gawin habang recess at klaro ang pagkakaiba, noong dalawang iyon sa pag-conduct ng hearing ng Senado. Hindi na kailangan i-memorize iyan at alam na dapat niya iyan,” Escudero said, noting that Libanan is a veteran lawmaker like him.

[Translation: This cannot be done during recess, and the distinction between those two is clear. There’s no need to memorize that; he should already know it.]

He said he will formally respond to the House prosecutors’ motion.

The Senate leader maintained that the impeachment court can only be convened when the session resumes on June 2, at which point a summons can be issued to the Vice President.

Escudero noted that this timeline cannot be altered unless President Ferdinand Marcos Jr. calls for a special session of Congress, “which I doubt.” Marcos has deferred the matter to the Senate.

Escudero reiterated that disregarding the rules could strengthen potential challenges to the impeachment trial. Duterte has filed a petition with the Supreme Court to nullify the impeachment complaint against her.