Senate adjourns for 4-month election season without acting on impeachment vs Sara Duterte | ABS-CBN

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Senate adjourns for 4-month election season without acting on impeachment vs Sara Duterte

Senate adjourns for 4-month election season without acting on impeachment vs Sara Duterte

RG Cruz,

ABS-CBN News

 | 

Updated Feb 05, 2025 09:52 PM PHT

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The House of Representatives, led by Speaker Martin Romualdez, votes to impeach Vice President Sara Duterte on February 5, 2025 after 215 of 306 House members signed an impeachment complaint at the Batasang Pambansa in Quezon City. Maria Tan, ABS-CBN News/FileThe House of Representatives, led by Speaker Martin Romualdez, votes to impeach Vice President Sara Duterte on February 5, 2025 after 215 of 306 House members signed an impeachment complaint at the Batasang Pambansa in Quezon City. Maria Tan, ABS-CBN News/File

MANILA (UPDATED) -- The Senate has adjourned its plenary session until June 2, 2025, without tackling or calling out the articles of impeachment against Vice President Sara Duterte earlier Wednesday. 

Upon a motion of Senator Joel Villanueva, Senate President Francis Escudero adjourned the session until June 2, 2025 without the articles of impeachment on the agenda. 

No one objected in the moments between the time the motion was made and when the Senate chief approved the motion to adjourn. 

Escudero did not face the media after the session and took another way out. Escudero is expected as a guest at the Kapihan sa Senado on Thursday morning. 

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Senate Secretary Attorney Renato Bantug Jr. later explained that the articles of impeachment against Vice President Sara Duterte was not read in the Senate’s last session because these still had to undergo complete staff work. 

According to Bantug, they they finished the process a few minutes after the session was adjourned. 

“As Secretary of the Senate, it is my duty to provide completed staff work to the Senate President and to all the members of the Senate,” Bantug said.

The formal handover of documents was done between Bantug and House of Representatives Secretary General Reginald Velasco on Wednesday. 

“A few minutes after that I escorted the Sec. Gen. out of the compound and immediately went back here so we could start the process of comparing and matching these documents,”

“It was ministerial on my part to receive the verified complaint, the annexes, but after that and I made it clear also to the Secretary General that I have to perform staff work,” he added. 

-- WHAT NEXT? --  

Senate Minority Leader Aquilino Pimentel III, himself a former Senate President, pointed out that in the normal course of business, the complaint will have to be tackled under the rules in June when the Senate resumes its session. 

"Sa normal course of events, mukhang sa June pa. Kasi very extraordinary 'yung sinasabi ko,"  Pimentel said, before adding that the end of the terms of 12 incumbent Senators also presents another issue. 

"Huwag tayong mapako sa legislative calendar. Kasi pagka impeachment court na kami, meron kaming trial calendar. Iba yun. Pero unfortunately, meron kaming end of term ng June 30, 2025 wala tayong magagawa doon. Constitutional 'yun eh," Pimentel stressed. 

This is because the complaint has to be reported first to the Senate by its Secretary during a plenary session before the Senate can decide on its next step. 

Pimentel said he defers to Escudero on "what to do next." 

"Yan lang yung difficulty dyan. Ah, siguro ang referral to the ang announcement to the body that we are in receipt of an impeachment complaint. It should be done during the legislative plenary," Pimentel said. 

However,  Pimentel also explained that this rule can be waived if all senators unanimously agree to waive it -- which means even allies of Vice President Sara Duterte will have to agree. 

"So tandaan niyo ang mga rules pwede yung ma-waive ha. Basta... to be safer 100% consent," Pimentel said. "Kaya nga sinabi ko nga, 'yun ang logical implication ng rules. Pero tandaan nyo na ang rules pwede rin ma-waive. Kung may 100% unanimity or consent, eh walang magku-question." 

"Basta kung 100% pumapayag sa course of action, walang mag-bring up ng any allegation na may violation or infraction of our rules, hindi nagiging issue yung rules namin... Kasi if no one will raise an issue or object or cite any violation of the rules, eh, di-valid siya."  

"Dapat ma-report yun sa floor. Pero ang gusto ko nga sabihin, the rules can be waived nga," Pimentel added. 

"Actually, hindi ko nga mag-imagine ang anong possible scenarios. So, as the minority, hindi ko na problemahin yun. Problema na ni Senate President... But pursuant to the rules, pwedeng mag-waive ang rules. Especially pang 100% consent." 

-- END OF SENATORS' TERMS -- 

Lawyer Tranquil Salvador, who served as defense counsel in the impeachment trial of Chief Justice Renato Corona in 2012, went through the various legal issues that the impeachment complaint has to hurdle before it even goes to trial. 

One is the Senate's rules of procedure which he said is usually revised before any trial. 

"Yung iba sa kanila ay re-electionist rin po, That’s a matter that they will have to decide. Kasi po ang impeachment court ay maglalabas pa rin sila ng sarili nilang impeachment rules. Although in the past meron din yan dahil meron nang mga na-impeach. Every time na magkakaroon ng impeachment, rerebisahin nila yan, pag-uusapan nila kung paano patatakbuhin ang impeachment sa Senado," Salvador said. 

Salvador also referred to Pimentel's earlier statement regarding the end of the terms of 12 of the 23 Senators. 

"Dito papasok yung desisyon ng senado kung iko-constitute nila ang impeachment court. Ang second legal question pa po ay kung matatapos ba nila ang proseso bago matapos ang kanya-kanyang termino. Authority nila hanggang may termino pa sila. These are the matters that they will be faced with," Salvador said. 

Senators Francis Tolentino, Pimentel, Nancy Binay, Pia Cayetano, Ronald dela Rosa, Christopher Lawrence Go, Lito Lapid, Imee Marcos, Grace Poe, Ramon Revilla, Jr,  and Cynthia Villar are all ending their terms. Of these 11, Tolentino, Cayetano, dela Rosa, Go, Lapid, Marcos, and Revilla are up for re-election. 

"Ang termino nila ay ilang buwan na lang. Therefore, matapos yung kanilang constitutional duty nila, 'pag may articles of impeachment sila ay tumayo na mga hukom, ayon yan sa Constitution. That’s one legal question, gagawin ba nila?" Salvador said. 

Salvador said another question is if the trial can be delayed after the election. 

"Another legal question, pwede bang tanggapin na lang nila, hawakan lamang nila tapos matapos ang eleksyon… Ibibigay na lang namin? Ito po another legal question dahil ayon sa batas, pwede ka lamang mai-demanda once sa bawat taon. Medyo maraming legal question po ito," Salvador said. 

Salvador believes that if there is no action on the complaint by June 30, the end of the 19th Congress, it has to be refiled by the House in the 20th Congress. However, he notes the 1987 Constitution imposes a one impeachment complaint per year limit against the same official. 

"Ang termino nila hanggang June 30, ngayon pag-hindi nila inaksyunan baka ang parang mangyari dyan, wala na yung complaint. Mag-re-refile ka. Ano yun it is within the same year? I-finile ng  mga complainant 2024 pero piangbotohan ngayong 2025. Tapos ipinasa yung articles of impeachment 2025.  There are jurisprudence that says yung pag-initiate ay sa House. Yung pag-file sa Senado ay huling akto sa prosesong iyon," he explained. 

He believes these are matters that may ultimately have to end up at the Supreme Court. 

"Maraming anggulong legal ito. Baka may mag-akyat nyan sa Korte Suprema kasi nga unique yung kanyang hinaharap," Salvador said.  -- with a report from Victoria Tulad, ABS-CBN News

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