Escudero, senators differ on need for plenary vote to convene impeachment court

Metro Manila, Philippines - Even the convening of the Impeachment Court under the 19th Congress requires plenary approval, Senate President Francis “Chiz” Escudero said — a position some of his colleagues opposed.

In a press conference on Monday, June 2, Escudero said the reading of the Articles of Impeachment against Vice President Sara Duterte during the Senate session on June 11 will be followed by discussion and debate.

If no objections are raised, the matter will be referred to the committee on rules, which, he said, would signal the convening of the court.

“Ang dulo nun ay magko-convene ang Impeachment Court kung ‘yan ang magiging pasya ng Senado [The end result would be the convening of the impeachment court, if that is the decision of the Senate],” Escudero said.

He was asked if the convening of the court is guaranteed, since otherwise there would be no trial in the 20th Congress. Escudero replied that this is still open for debate.

“We will decide all of these things in accordance with what the plenary wants and in accordance with our rules,” he added.

Asked whether it is his personal position that the court should convene on June 11, he said, “In the natural course, yes.”

“‘Yon ang dapat mangyari unless as I have said, may mag-motion, may mag-object, magbotohan. In the end, plenary will decide,” Escudero said.

[Translation: That’s what should happen - unless, as I’ve said, someone files a motion, someone objects, and there’s a vote. In the end, the plenary will decide.]

In a chance interview with reporters on Tuesday, June 3, Escudero said all matters in the Senate are subject to a vote. He likened it to the adjournment of session to hear the State of the Nation Address — also a constitutional duty, like impeachment.

“Yung simpleng tanong ng presiding officer is there any objection? Hindi ibig sabihin nun walang botohan yun. Ibig sabihin nun unanimous ung boto para gawin un. Lahat ng gagawin namin, bawat aksyon, palaging is there any objection hindi ba? So all of those are subject to a vote by plenary,” Escudero explained.

[Translation: The simple question from the presiding officer — “Is there any objection?” — doesn’t mean there’s no vote. It means the vote to proceed is unanimous. Everything we do, every action, always starts with “Is there any objection?” Right? So all of those are subject to a vote by the plenary.]

Constitutional mandate

On the other hand, a number of senators said the Senate is constitutionally obligated to convene as an Impeachment Court even without a plenary vote.

“Pagka-constitutional mandate, gagawin mo na lang [If it’s a constitutional mandate, you just have to do it],” Senator Alan Peter Cayetano said in a chance interview.

Senator Ronald “Bato” dela Rosa, whose reelection bid was endorsed by Duterte, also said the Senate must act on the impeachment.

”Hindi pwedeng hindi aaksyunan [It cannot be left unacted],” he said.

“I don’t think it’s optional, kasi constitutional duty [I don’t think it’s optional because it’s a constitutional duty],” Senator JV Ejercito said.

Senator Loren Legarda declined to give a personal opinion, saying she would abide by the decision of the leadership.

“It’s for them to decide whether it will be put in the agenda for a vote at all or that's it,” she said.

A separate debate centers on whether the impeachment proceedings can carry over to the 20th Congress or end with the adjournment of the 19th Congress on June 30.

These issues were raised during the resumption of session on Monday, but Escudero noted that no motions were made. He added that any senator may file a motion on the Senate’s next steps at any time while in session.