Escudero holding off on senator-judges’ oath until SP election — spokesperson

Metro Manila, Philippines - Possible questions surrounding Senate President Francis “Chiz” Escudero’s authority to preside over the Impeachment Court in a holdover capacity are preventing him from administering the oath to the newly elected senator-judges, said the court spokesperson.

“As you know if one Congress adjourns and another begins, the Senate President is going to be elected or reelected again so kailangan natin hintayin kanino manunumpa,” Regie Tongol said in a press conference on Wednesday, July 2.

[Translation: As you know, when one Congress adjourns and another begins, the Senate president must be elected or re-elected, so we need to wait to whom the oath will be administered.]

“Ayaw ng presiding officer na magkaroon ng kwestyon doon sa proseso o sa step na ‘yun ng panunumpa na maaari pang makwestyon at magkaroon ng legal impediments,” he added.

[Translation: The presiding officer does not want any part of the process - particularly the oath-taking - to be questioned or face potential legal impediments.]

When asked about the Senate being a continuing body, Tongol said this is just one school of thought, noting that there are also legal opinions suggesting that the Senate had adjourned with the end of the previous Congress.

“Gusto ng presiding office as a matter of prudence and diligence na agawin na lang yun kapag nag-elect ng Senate president na tumatayong presiding officer ng Impeachment Court,” Tongol said.

[Translation: As a matter of prudence and diligence, the presiding officer prefers to wait until a new Senate president is elected, who will then serve as the presiding officer of the Impeachment Court.]

A number of senators have said that Escudero has enough support - a majority or at least 13 votes - to retain his post. However, things could still change before the Senate leadership election when the first regular session of the 20th Congress opens on July 28.

On the first day of the 20th Congress, Monday, June 30, Senator Risa Hontiveros urged Escudero to proceed with the oath-taking of the new senators.

These include Ping Lacson, Rodante Marcoleta, Kiko Pangilinan, Tito Sotto, Camille Villar, Bam Aquino, and Erwin Tulfo.

“Actually, anytime ngayong June 30, 12:01 pm… pwede na at sana ipanumpa na ni presiding officer yung labindalawa pang bagong mga senador,” she said.

[Translation: Actually, anytime on June 30, starting 12:01 p.m., it was already possible. I hoped the presiding officer would administer the oath to the twelve newly elected senators.]

Vice President Sara Duterte has already filed her answer ad cautelam (with caution), seeking the dismissal of the impeachment complaint. The House prosecution has also submitted its reply, leaving the reconvening of the Impeachment Court as the next step.

Tongol said during the session on July 29 - a day after the opening of Congress and the President’s State of the Nation Address - a senator may move to formally convene the court.

However, the court is still waiting for the House to comply with the second requirement it previously set: a formal communication from the 20th Congress representatives stating their intent to pursue the impeachment trial.

Escudero earlier said the court can still convene without this communication, and the senator-judges can then decide how to address the House’s non-compliance.