Compromise reached: Senators to take oath without convening impeachment court yet

Metro Manila, Philippines - It took the Senate five hours to resolve the minority’s motion to immediately convene the impeachment court for Vice President Sara Duterte’s trial, resulting in a compromise: senators will take their oath as senator-judges without formally convening the court yet.

Senate President Francis “Chiz” Escudero was the first to take his oath as presiding officer of the impeachment court at around 9 p.m. on Monday, June 9.

Senator Joel Villanueva, who made the motion, also proposed that the rest of the senator-judges take their oath on Tuesday, June 10, at 4:00 p.m. This was also approved but with a caveat.

“After the oath taking of the senator-judges, the court will be constituted but not convened yet,” Villanueva said.

In a chance interview with reporters, Senator Alan Peter Cayetano said this means the impeachment court will not begin its work just yet.

“Kumbaga sa korte, constitute meaning existing na yung court, but convene yun na yung nag-umpisa ka na,” Cayetano said.

[Translation: In court terms, ‘constitute’ means the court already exists, but ‘convene’ means you’ve actually started proceedings.]

“Sa mata at pagkaintindi ko, the impeachment court is already “organized” after the oaths. Determined na ang members of the court,” Pimentel said.

[Translation: In my view and understanding, the impeachment court is already ‘organized’ after the oaths. The members of the court have been determined.]

Five-hour debate

This was the result of intense debate and discussion, both on the floor and behind closed doors, after Senate Minority Leader Aquilino “Koko” Pimentel III moved to immediately convene the impeachment court at around 4 p.m.

Pimentel outlined seven actions in his motion:

1. Suspension of regular legislative business

2. Immediate convening of the impeachment court

3. Oath-taking of Senate President Chiz Escudero as presiding officer

4. Oath-taking of senator-judges

5. Adoption of an impeachment trial calendar

6. Reading of the Articles of Impeachment on Tuesday, June 10

7. Issuance of summons

This prompted a series of heated exchanges, eventually leading Escudero to take the floor to address criticisms over the perceived delays in the process.

The session was suspended as senators held a closed-door caucus. Upon resumption, Villanueva introduced amendments to Pimentel’s motion, explaining that they were the outcome of private consultations among senators.

The Senate then approved the motion to refer the verified impeachment complaint to the Committee on Rules. But Escudero’s oath-taking later that evening—and the scheduled oath-taking of the senator-judges the following day—sparked further debate.

Senator Ronald “Bato” dela Rosa sought assurance that the court would not be considered convened merely by the act of oath-taking.

The senators huddled again, and upon returning, approved a motion allowing the oath-taking to proceed without formally convening the impeachment court.

What’s next?

Cayetano told reporters Dela Rosa “obviously… wants to take the floor tomorrow.”

“So, ayaw naman niya na bad faith, pumayag siya mag convene tomorrow tapos may sasabihin siya bago mag convene,” he said.

[Translation: So, he doesn’t want it to appear as if he’s acting in bad faith. He agreed to convene tomorrow but plans to speak before the court is officially convened.]

Dela Rosa has prepared a draft resolution calling for the de facto dismissal of the impeachment case, arguing that with only three weeks left in the 19th Congress, there is not enough time to hold a trial. He shares the view that the case cannot carry over into the next Congress.

Senator Robin Padilla has filed a similar motion.

When asked whether Escudero’s oath-taking guarantees that the Senate will indeed convene as an impeachment court—amid concerns it might not—Cayetano said yes, but more debates can be expected.

“That's why nga importante at mahigit sa symbolic yung constituted. Kasi once you constitute it, hindi basta mamamatay yan. Then you'll have to either have a verdict or have a reason bakit matatapos ang trabaho ng impeachment court,” Cayetano explained.

[Translation: That’s why the act of constituting the court is more than symbolic. Once it is constituted, it cannot simply be dissolved. You’ll have to either deliver a verdict or have a clear reason for ending the work of the impeachment court.]

In line with Escudero’s notice to the House prosecutors, they are invited to the Senate on Wednesday, June 11, for the reading of the Articles of Impeachment. The impeachment court will be convened, with debate expected to center on whether the case can carry over to the 20th Congress.

Escudero has maintained that the decisions of the current Senate cannot bind the next.