Vice President Sara Duterte speaks to the media, December 11, 2024. Maria Tan, ABS-CBN News/File 

MANILA (UPDATED) —  Senate President Francis “Chiz” Escudero said Thursday that "legally, an impeachment trial cannot be done” on Vice President Sara Duterte during the Congress session break.

The impeachment trial of Philippine Vice President Sara Duterte will likely take place after midterm elections in May and could be decided by an entirely new group of lawmakers, Escudero said. 

He added that the earliest Senate action on the impeachment could come on June 2, when the current Senate reconvenes.

Duterte was impeached by the House of Representatives on Wednesday for "violation of the constitution, betrayal of public trust, graft and corruption, and other high crimes".

If convicted, she will be removed from the vice presidency and forever barred from public office.

TRIAL WILL LIKELY EXTEND INTO 20TH CONGRESS

Her Senate trial, however, "will likely extend into the 20th Congress. That's almost a sure thing now," Escudero told reporters. 

The start date "will depend on the rules we approve," he said. 

"But I feel the trial has to take place when the Senate is in session. The impeachment court does not have a separate life," Escuredo said. 

He went on to explain that even if the trial begins on the watch of current senators, it could be taken over the finish line by the incoming class.

“Hindi namin ito mamadaliin,” he said. 

However, Escudero said that the Supreme Court could also stop the impeachment trial over the matter of crossing over to the 20th Congress from the 19th Congress.

"Of course, they can do that. Pero unahan ko na rin, kung gagawin man nila yan, maliban na lamang kung may temporary restraining order na i-issue ang Korte Suprema kaugnay nito sa transition na ito. Magpapatuloy ang trabaho namin, 19th o 20th Congress man yan. At hindi pwedeng gamitin rason dahilan o palusot yan, nino man, prosecution man o respondent na may nakabinbing kaso. Basta't walang temporary restraining order," he said.

MAKABAYAN 

In a press conference on Thursday, members of the Makabayan coalition  called on the Senate to covene for trial as soon as possible.

"Pwede naman mag-convene kasi ng special session ang Senate kung gustuhin nila. Pero other than that, sa rules mismo nila, they don't need a session," Bayan Muna party-list chair Neri Colmenares said.

"Of course, we recognize the fact na the session has to be convened in the Senate... So, ngayon, nilagay ng Senado mismo ang sarili nila sa isang kalagayan na hindi sila maka-respond officially," he said.

He said President Ferdinand Marcos Jr., who has opposed impeachment, could call a special session “just for the convening the trial court.”

Bagong Alyansang Makabayan chairperson Teddy Casiño meanwhile said the Senate is holding the impeachment case “hostage” by not proceeding with the trial.

"Ayaw nilang mag-trial sa panahon ng eleksyon dahil nangangamba sila, baka maka-epekto ito sa resulta ng kanilang re-election bids. That should not be the consideration," Casiño said.

NOT 'BACK TO ZERO' IF TRIAL EXTENDS PAST 19TH CONGRESS

Escudero on Thursday denied that if the Senate could not finish the trial before the end of 19th Congress, the impeachment would have to start from scratch in the 20th Congress.

The Senate chief said that as an impeachment court, it is analogous to the situation in other courts where cases do not revert to scratch whenever a judge vacates his or her office.

"Tingnan nyo na lang ang mga collegial courts dahil ito'y hindi function ng legislature. Hindi ito typical na bill sa aking pananaw na pagtapos ng Kongreso, ifile mo uli. Pag hindi naaprubahan, kailangan aprubahan uli ng magkabilang Kamara. Kahit naaprubahan sa Kamara, dito hindi. Simula ulit sa simula. Halos lahat naman siguro sa ngayon. Ito'y impeachment court. Hiwalay sa function ng lehislatura. Pero syempre, kikilalanin ang pagkatapos ng termino ng mga miyembro nito," he said.  

Duterte stays as the vice president until the Senate renders a decision, Escudero said.

President Ferdinand Marcos Jr., who was previously dismissive of the move to impeach, could also legally call for a special session, though senators would have to accede to that in a vote.

Wednesday's impeachment vote, which drew ayes from 215 of the body's 306 members, spelled out allegations including financial fraud, an assassination plot against Marcos, and ties to "drug war" murders in Davao. — with Paige Javier, ABS-CBN News

Speaking at a concurrent press conference Thursday, House Deputy Majority Leader Lorenz Defensor agreed the trial "may cross over to the next Congress", whose members will be determined by countrywide elections on May 12 and begin their terms in late July.

"We leave it up to the Senate as a separate body and as an impartial body to adjudicate ... how they will proceed with the impeachment process."

Duterte, who has yet to publicly comment on her impeachment, was widely tipped to succeed her father Rodrigo as president in 2022 elections but stepped aside to back Marcos and later ran for vice president on his ticket.

5 things to know about Vice President Sara Duterte and her impeachment

But the alliance has since imploded. In November, she delivered an expletive-laden speech saying she had ordered someone to kill Marcos if she herself was assassinated.

She later denied that her comments constituted a death threat, saying she had only been expressing "consternation" with the administration's failures.

The alleged assassination threat was among a raft of allegations included in three separate complaints filed against Duterte in December.

She was already the subject of a House investigation into her budget use.

Escudero said there was no legal impediment should former President Rodrigo Duterte stand as legal counsel for his daughter, the Vice President, in an impeachment trial.

"Actually, that would be expected. Sinabi na niya yan, abogado siya, abogado rin. Si Vice President Sara Duterte, abogado rin. Yung kanyang asawa, hindi ko na ikakagulat yan kung mangyari man yan," Escudero said.

"In fact, even the vice president herself can represent herself in addition to other lawyers."

—  With a report from Agence France-Presse