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Tuesday, March 18, 2025

Escudero clarifies VP Sara Duterte impeachment trial process

Senate President Francis Escudero on Tuesday discussed the timeline and procedures for the upcoming impeachment trial of Vice President Sara Duterte, explaining that impeachment trials in the Philippines historically do not start immediately after a complaint is filed.

“It will not happen forthwith, not immediately the next morning or the following day, because the Senate still has many preparations to complete before the trial begins,” Escudero said during an interview on DZBB’s “Saksi sa Dobol B.”

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He cited past cases, such as the trial of the late chief justice Renato Corona, which began about a month and a half after the complaint was filed to allow for necessary preparations.

Similarly, Escudero recalled the impeachment complaint against former ombudsman Merceditas Gutierrez, which was filed in March but scheduled for trial in May before her resignation halted the proceedings.

He emphasized the Senate must complete several steps before the trial begins: “The impeachment complaint will be referred to the Committee on Rules and then to the plenary, where the rules will be discussed and approved.”

“Once the rules are approved, all pre-trial procedures can begin. This means Vice President Sara Duterte will be required to respond to the charges, and the prosecution will also submit its reply,” Escudero said.

He noted that the Senate rules require updates to align with changes in the Rules of Court and lessons from previous impeachment cases. The Senate will then schedule pre-trial hearings, review admissions, and collect judicial affidavits from witnesses.

“Before the actual trial begins, all these pre-trial matters must be settled to ensure that when the proceedings start, the trial runs smoothly, efficiently, and in an orderly manner,” Escudero said.

He confirmed that the impeachment trial is expected to start after President Ferdinand Marcos Jr.’s State of the Nation Address (SONA) on July 28. The trial may last between two to three months, depending on the complexity of the case and the final procedural rules adopted by the Senate.

Escudero also discussed potential rule changes, such as strengthening pre-trial hearings, allowing judicial affidavits, and granting the Senate President authority over certain pre-trial matters.

Regarding the order of the Articles of Impeachment, he said they are usually addressed sequentially but can be reprioritized if both parties agree.

“This can be modified during the pre-trial proceedings. For example, the prosecution may decide to drop three charges and proceed with only four. In that case, they can request the dismissal of the dropped charges without presenting evidence for them. This option is also allowed,” Escudero explained.

He confirmed that the composition of the next Senate, formed after the 2025 midterm elections, will constitute the impeachment court.

The Senate President noted that the impeachment rules would be approved on June 2, but with required publication and response periods, the process could extend until June 30, when the terms of 12 out of 23 senators end.

Escudero also clarified that while the process is political, it is not purely about party affiliations. He advised senators to withhold public statements about their votes until they have reviewed all evidence.

Regarding the possibility of withdrawing the Articles of Impeachment, Escudero said that while the House of Representatives may attempt it, the decision ultimately rests with the impeachment court.

“Just because they want to withdraw or make changes to the complaint does not mean we will automatically approve it. They no longer have full control over the decision, as it now rests with the impeachment court,” Escudero said.

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