Escudero sees more delays if Sara Duterte's impeachment trial is not done legally

Senate President Francis "Chiz" Escudero on Thursday emphasized that the impeachment trial of Vice President Sara Duterte should be done in accordance with laws and procedures to avoid "more delays" in the future.

Escudero made the remark as he responded to Senator Risa Hontiveros who said that 19th Congress senators would renege on their responsibilities if they let the 20th Congress hear the impeachment case against Duterte.

"We are not delaying it, excuse me. We are simply proceeding with it legally, constitutionally, and in accordance with law," Escudero said.

"For us not to follow the law will in fact create more delay(s) or more opportunities for either party to go up, question the proceedings we are undertaking which will in turn result in more delays," he added.

In a letter to his colleagues dated February 24, Escudero provided a lengthy explanation by citing several jurisprudence and precedents on his interpretation of the word "forthwith" in tackling impeachment cases under the 1987 Constitution and why he is firm that the impeachment trial should start while Congress is in session, not in a special session.

"As the head of this institution, I am most cognizant of the Constitutional mandate that vests in the Senate the sole power to try and decide all cases of impeachment. This is an extraordinary duty that should be approached with all due caution and prudence, not to mention adequate preparation" Escudero's letter read.

The Senate president cited the position of the late former Senator Miriam Defensor Santiago during the endorsement of the impeachment of then President Joseph Ejecito Estrada, who argued that "while the Senate must proceed 'forthwith', it must do so with circumspection."

Escudero also mentioned Santiago's assertion that the constitutional provision requiring the Senate to "proceed forthwith" was taken out of context and should instead be read in conjunction with Article XI, Section 3(8) of the Constitution which states that "the Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this Section."

He noted that the Senate back then took Santiago's position and only issued the summons after the resolution on the Rules of Procedure on Impeachment Trials was adopted.

The House impeached Duterte on February 5, with over 200 lawmakers endorsing the complaint. The Articles of Impeachment were transmitted to the Senate the same day, but the upper chamber adjourned without addressing the case.

Escudero has been reiterating that the Senate should tackle the impeachment complaint against Duterte while Congress is in session.

In his proposed calendar, Escudero has set the tentative date of the start of Duterte's impeachment trial on July 30.

Meanwhile, Duterte has filed a Supreme Court petition challenging the validity of the impeachment complaint.

Lawyers from Mindanao and other groups have also asked the SC to stop the trial, calling the complaint defective.

Another petition seeks to compel the Senate to convene as an impeachment court immediately.—LDF, GMA Integrated News