Cites need to explain differing positions on VP impeachment trial
Senate Minority Leader Aquilino Pimentel III yesterday said he will call for an all-senators caucus to discuss their positions on the impeachment trial of Vice President Sara Duterte.
Pimentel, a Bar topnotcher, said he will write again to Senate President Francis Escudero to request for the caucus after pressing his colleagues on their Constitutional duty to start the trial without delay.
“I will request a caucus so that he (Escudero) can explain his position to the senators and so that he can also give me time to explain my position,” he said during a press forum Thursday.
“What is my position? The content of my first letter and the content of my second letter which will show the constitutional provisions and the rules of impeachment, and our conclusion that the Senate as a legislative body does not need to be in session to act,” Pimentel added.
The minority leader earlier wrote Escudero to emphasize the constitutional mandate which requires the Senate to act “forthwith” on the impeachment case against Duterte, citing Article XI, Section 3, paragraph 4 of the 1987 Charter.
Escudero on Wednesday said while the Senate is already preparing for the trial, the proceedings will not begin until Congress is in session.
“Since the impeachment has already been filed, an impeachment trial is certain to happen, and the Senate must prepare for it. Even though we are in recess, we are not wasting time in making the necessary preparations,” he said.
“(But no proceeding) will happen because we are in recess. I will repeat — no matter what anyone says — as long as there is no session and the Senate has not convened, no trial can take place. That is clear and explicit in our rules,” Escudero added.
At the House of Representatives, Deputy Minority Leader France Castro on Thursday criticized Escudero’s decision to delay the trial until after the elections.
“The convening of an impeachment court is not contingent on public clamor — it is a constitutional mandate,” Castro said.
“Senate President Escudero misses the point entirely when he asks ‘what clamor?’ This is not a cheering contest but a matter of constitutional duty,” she added.
Castro pointed out the urgency to convene the impeachment court has become even more critical given Duterte’s petition asking the Supreme Court to halt the proceedings.
“The fact that the Vice President is working to stop the convening of the impeachment court makes our call all the more important. The Senate should all the more fulfill this duty. Further delays might benefit the impeached VP who is exploring various legal remedies to halt the trial,” Castro said.
Lawyer Howard Calleja also questioned why Escudero adjourned the Senate’s session two days ahead of the break baser on its legislative calendar.
Calleja said the Senate calendar was supposed to end on February 7, but session was adjourned on February 5 without taking up the complaint.
“We have to look at the culpability of Mr. Escudero for this constitutional breach,” Calleja said in a statement.
Meanwhile, some Alyansa senatorial candidates rallied behind the clamor for the Senate to start the impeachment trial against Duterte even while Congress is in recess.
At the same time, former Senate President Vicente Sotto III said some sitting senators would also want to begin the trial at the soonest possible time.
“Of course, it’s a constitutional mandate and therefore it is serious,” Sotto said during a news conference at the Negros Oriental Convention Center in Dumaguete City on Thursday.
“I talked to other senators…They believe they can take it up now,” he added.
Former MMDA chief Benhur Abalos added: “I would reiterate time and again, constitutional duty. It’s not a matter of choice but a duty that must be done.”
The Supreme Court on Tuesday directed the Senate to comment within 10 days on a petition compelling the Senate to proceed with the impeachment trial of the Vice President without delay.
“Impeachment is a nationwide concern that will be treated with urgency because of the gravity of the matter,” SC spokesperson Camille Ting said.