(UPDATES) THE Senate on Tuesday convened as an impeachment court after the senators took their oath as judges in the trial of Vice President Sara Duterte amid efforts by her allies to dismiss the complaint against her.
The House of Representatives, which transmitted the articles of impeachment against the vice president to the Senate on Feb. 5, welcomed what it called "initial steps" to bring their complaint to trial and said their prosecution team was ready to present their case.
Senate President Francis Escudero, who took his oath Monday evening as presiding officer of the impeachment trial of Duterte, advanced the convening of the court to tackle Sen. Ronald dela Rosa's motion to dismiss the case against Duterte — a bid that did not prosper.
Sens. Risa Hontiveros and Joel Villanueva objected to dela Rosa's move and urged the Senate to stick with the scheduled oath taking of the senators as judges.
Escudero agreed with Villanueva's view that the Senate "lacks the power to dismiss an impeachment complaint and has the constitutional duty to proceed with the trial."
Sen. Francis Tolentino on Monday filed Resolution 1367 seeking the adoption of the calendar of proceedings for the impeachment trial of Duterte — which requires 19 days to finish the trial.
The senator made the move to uphold the process and ensure the timely resolution of the impeachment case.
"Without compromising the integrity of the Senate and the substance of the impeachment trial, including the rights of the parties, there is a need to adopt an expedited trial calendar that affords the parties a full and fair opportunity to articulate their respective positions and to ensure the resolution of the case before the expiration of the term of the current Congress at noon on the 30th day of June 2025," Tolentino said.
The senator said a "shortened impeachment trial is not without precedent," as demonstrated by the two examples from the United States, both involving President Donald Trump.
Based on Tolentino's proposal, the trial calendar should be as follows: June 11 constitution of the impeachment court, June 11 to 21 submission of answer by Vice President Sara Duterte (10 days), June 22 reply of prosecutors, June 23 in the morning: submission of trial briefs and in the afternoon: opening statement, June 24 to 25 presentation of evidence by the prosecution, June 25 to 26 presentation of evidence by the defense, June 27 in the morning rebuttal by prosecution and in the afternoon: rebuttal by defense, June 28 – oral arguments (one hour each for defense and prosecution), June 29 closed door meeting of senator-judges, and June 30 rendition of verdict.
"The adoption of said calendar enables the Senate to resolve the trial within the term of the 19th Congress, thereby avoiding the unresolved and constitutionally precarious implications of allowing such proceedings to extend to the next Congress," Tolentino said.
The House of Representatives is poised to present the articles of impeachment against Duterte during a Senate plenary session scheduled on Wednesday, June 11.
But Escudero said the reading of the impeachment articles does not mean trial proceedings will commence immediately. He emphasized that several crucial steps must be taken before the trial can officially begin.
Escudero has suggested that the impeachment trial might start at the onset of the 20th Congress, noting that the Senate will vote on all matters related to the impeachment process. He underlined the need to adhere to procedural requirements before any judicial actions occur.
"There's still much to be done before we can begin the trial proper concerning Vice President Duterte," Escudero said. "We will ensure that all impeachment-related matters will be put to a vote in court."
Anticipating pushback, Escudero added, "I expect there will be a motion from my fellow senators against my proposal to start the hearing in the 20th Congress rather than the current 19th Congress, which has only 11 days remaining."
"The 19th Congress cannot bind the actions of the subsequent Congresses. Decisions will rest with the 20th Senate and House. If they choose to reject the proceedings, that will be their call," he continued.
Escudero referenced a resolution by Sen. Robinhood Padilla seeking to dismiss the impeachment trial entirely. This decision, he noted, will require careful consideration following the Committee on Justice, led by outgoing Sen. Aquilino Pimentel III.
Despite Tolentino's proposal for an expedited trial, Escudero said every aspect concerning the impeachment will require a collective decision.
"One or two individuals cannot resolve this; it needs to be a united Senate decision," he said.
Akbayan party-list president Rafaela David criticized Escudero's "flawed logic" that the act of taking their oaths as senator-judges does not automatically mean the start of the impeachment trial.
"It's so simple. When senators take their oath as senator-judges, they are, by that very act, convening the impeachment court. Otherwise, what's the point? But for some senators — especially the Senate President (Francis Escudero) and the defenders of the vice president — this oath supposedly doesn't materially lead to convening the impeachment trial," David said in a statement.
"It's like you started the engine of a jeepney, tricked the passengers into thinking it was about to leave, but you actually had no intention of going on a trip. It is the height of deceit," she said.
"The Senate must convene the impeachment court and try Vice President Sara Duterte. Enough with the hair-splitting excuses. We will not relent. We will flood the Senate with protest until it listens to the people, obeys the Constitution, and delivers justice," she added.
Akbayan, along with Tindig Pilipinas, the Mamamayang Liberal party-list, Magdalo, the Nagkaisa labor coalition, civil society organizations, and student groups, trooped to the Senate on Monday to call for action, with a bigger rally scheduled on Wednesday.
In a press briefing on Tuesday, House spokesman Priscilla Abante said that the "glass has been moved" and that the Senate has listened not only to the House but also to different sectors of society.
Abante was referring to Escudero's oath-taking as presiding officer of the Senate impeachment court.
She also said that the House-designated prosecutors are now "fully prepared" and continue to review the case ahead of the trial.
Former Magdalo representative Gary Alejano said the efforts of the senators to convene as an impeachment court are a victory in itself.
In a statement on his Facebook page, Alejano, who was among the original complainants against Vice President Duterte, said this "victory" was not just for any political party, but for the "Filipino people's right to accountability."
"As one of the original complainants, I commend the efforts of the minority senators who upheld their sworn duty to our Constitution. I also recognize the public outcry and civil society action that pushed the Senate to act. This is proof that citizen vigilance matters," he wrote.
In a radio interview on Tuesday, Senator-elect Panfilo Lacson emphasized the importance of convening the Senate as an impeachment court, stating that the decision should not have been a matter of debate, as the Constitution mandates.
Lacson also highlighted the public's perception of the Senate's actions, echoing sentiments from Pimentel and concerns raised by civil society groups and legal experts regarding the Senate's agenda, particularly addressing the confusion surrounding the impeachment process that had stalled since Feb. 5.
"We cannot blame them for wondering what the agenda is," he said.
Also on Tuesday, the president of the Catholic Bishops' Conference of the Philippines (CBCP), Cardinal Pablo Virgilio David, issued a strong appeal to members of the Senate, calling on them to fulfill their constitutional mandate on impeachment cases with integrity, impartiality, and a commitment to truth.
In a statement, David reminded senators that their role in addressing impeachment cases is a "solemn mandate" and not a matter of political discretion, saying, "As president of the Catholic Bishops' Conference of the Philippines, I speak not in the name of any political group or interest, but from the perspective of the Church's social teaching, which calls for moral responsibility, accountability, and the primacy of the common good in public life," David said.
While acknowledging that impeachment is inherently a political and quasi-judicial process, he underscored that it is nonetheless subject to moral imperatives. "In a constitutional democracy, political authority must be exercised within the bounds of law and with respect for the truth," he said, warning that "when politics serves only partisan interest, it degenerates into manipulation."
Cardinal David cautioned against any delay or dismissal of impeachment proceedings for the sake of political convenience, describing such actions as a betrayal of both the Constitution and public trust. "Senators are not only answerable to the law but are also bound in conscience to act with integrity and impartiality," he added.
WITH RED MENDOZA, ARIC JOHN SY CUA