Escudero disagrees with ex-Justice Azcuna's take on impeachment timeline

Senate President Francis "Chiz" Escudero maintained Tuesday that the impeachment process shall not begin immediately after the House of Representatives' endorsement of the complaint to the Senate.

Escudero made the remark when asked of his interpretation on Article XI Section 3(4) of the 1987 Constitution which states that "In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed."

In an interview over Dobol B TV, Escudero cited anew the impeachment cases against late former Chief Justice Renato Corona and former Ombudsman Merceditas Gutierrez, which both were not tackled immediately by the Senate.

In Corona's case, Escudero said the impeachment case was endorsed to the Senate one week before Congress adjourned its session but the impeachment court only commenced after one and half months.

The Senate president also mentioned the case of Gutierrez whose impeachment case was sent to the upper chamber three days before the adjournment of sessions, but the trial was scheduled after more than a month.

"Kung babaliktanawan mo, 'di naman forthwith kinaumagahan [o] bukas mismo," Escudero, a lawyer, said.

[If you will recall, it is not immediately the following day.]

Ex-Justice Azcuna's take

The Senate president's position was completely different from the opinion of 1987 Constitution framer and former Associate Justice Adolf Azcuna.

In a Facebook post, Azcuna argued Article XI of the Constitution provides for the process of impeachment and removal of public officials, not on Article VI, which he said meant that the procedures for impeachment are not bound by the legislative calendar of Congress.

"So even if the Senators are on legislative recess, they have to convene, take the required oaths or affirmations, and proceed to trial. There is no need for a call. The provision of Art XI is the call. It is in fact and in law an order. SHALL FORTHWITH PROCEED," Azcuna said.

"The reason is because the task assigned to the Senate by Art. XI of the Constitution is an exercise of a power altogether different from the legislative power. It is, in my view, A CONSTITUENT POWER. It is thus not subservient to the norms and constraints of legislative processes. It is governed by the sovereign mandate of the Filipino people as conferred and spelled out in Art XI," he stressed.

Earlier, Escudero asserted that a session is needed for the impeachment rules to be approved and an impeachment court to be convened.

Since the impeachment court was not convened during the last day of session last February 5, Escudero said the process might commence after the resumption of sessions on June 2.

On Monday, Escudero said the impeachment trial of Vice President Sara Duterte will most likely start after the State of the Nations Address (SONA) on July 21 under the 20th Congress.

'No need to rush'

Meanwhile, Senator JV Ejercito, who will sit as one of the judges in the trial, said he has yet to check the articles of impeachment, adding there’s no need to rush the impeachment trial.

“Kababalik ko lang kasi, so wala pa akong chance na makita o mabasa yung articles of impeachment,” he told reporters.  

(I just returned, so I did not have any chance to see or read the articles of impeachment.)

“Titignan ko, pero hindi naman siguro kailangan madaliin ‘yan.”

(I will check on them, but I don’t think it should be rushed.)

Further, Ejercito said Escudero instructed them not to discuss anything about it. 

“We cannot just talk about it, may instruction si SP sa amin, because we will be seating as senator judges so hindi kami pwedeng magsalita sa ngayon anything about it,” he said.

(We cannot just talk about it per the instructions of the Senate President, because we will be sitting as senator judges so we cannot speak anything about it now.)

When asked if he is excited to be one of the judges, he said: “Actually, hindi. Kasi I have always been, natitira pa nga ako, nababash ako dahil sinabi ko na napakaaga nitong  bickering…but whether you like it or not, any impeachment is part political. Siguro half-half, half legal, half political.”

(Actually, I’m not excited. Since I have been criticized because I said that the bickering came too early…but whether you like it or not, any impeachment is part political. I think it’s half-legal, half-political.) 
—with a report from Vince Angelo Ferreras/RSJ/RF, GMA Integrated News