Senate President Francis Escudero on Wednesday said that strict adherence to legal procedures outweighs any push for untested methods, as he dismissed the House prosecutors’ attempt to summon Vice President Sara Duterte for impeachment proceedings.
“It cannot legally be done. It’s not allowed because the Senate is not in session. And that ‘forthwith,’ aren’t they tired of that already?” he said.
“Forthwith was defined by US authorities to mean a reasonable time, not immediately,” the senate chief added.
Escudero maintained that Senate rules only allow a writ of summons once the chamber is officially in session, drawing a line between impeachment trials and regular legislative inquiries.
Rep. Marcelino Libanan of the 4Ps Party-List argued that since the Senate held an inquiry into the possible arrest of former President Rodrigo Duterte during its break, prosecutors believed impeachment hearings could also proceed.
Escudero disagreed, stating that while the House can hold hearings during recess, the Senate’s impeachment process demands more stringent protocols.
He said the Senate would formally address the motion when session resumes, suggesting prosecutors were already aware of the procedural limits.
“That can’t be done during recess, and the difference between the two, holding a session and being on recess, is clear when it comes to how the Senate conducts hearings. There’s no need to memorize that, so to speak, and he should already know that,” he said.
Escudero criticized the House for delaying the transmission of the impeachment complaint to the Speaker’s office for nearly two months.
House leaders maintained they were acting according to their constitutional duty to push the impeachment “forthwith.”
“In due course, we will answer his letter. Although I think he already knows the answer. Maybe this is also an opportunity for them to enter an appearance in the Senate,” Escudero concluded.
The vice president is currently in The Hague, Netherlands, assisting former President Duterte in preparing his defense against crimes against humanity allegations before the International Criminal Court.
Escudero advised prosecutors to use the Senate’s recess to strengthen their case, warning that no delays will be tolerated once proceedings begin in June.