Escudero: VP Duterte’s Impeachment Trial Not Possible During Congress Break

Senate President Francis “Chiz” Escudero clarified on Thursday that legally, an impeachment trial against Vice President Sara Duterte cannot proceed while Congress is on break. Speaking at the Kapihan sa Senado forum, Escudero emphasized that the Senate must be in session and formally convened as an impeachment court before such proceedings can take place.

“Legally, it cannot be done,” Escudero stated. “The impeachment complaint was not referred to the plenary for there to be a basis for the impeachment court to be convened by the Senate sitting as a legislative body.”

This clarification comes amid discussions on whether impeachment proceedings can move forward during congressional recesses. Escudero stressed that despite the Senate’s tight schedule, the chamber would have to convene as an impeachment court if and when the Articles of Impeachment against Vice President Duterte are transmitted. He pointed out that there are only eight session days left before the Christmas break and 26 session days remaining before the end of the 19th Congress.

“I can’t say if there will be time. But whatever work is thrown at the Senate, we will try to fulfill it because we must hear any case that is brought before us,” he added, noting that every impeachment complaint follows a specific timeframe.

The impeachment complaint against Duterte was filed on December 2, 2024, by a coalition of organizations, including Magdalo, Mamamayang Liberal, Tindig Pilipinas, families of drug war victims, and Catholic Church leaders. The complaint accuses the vice president of betrayal of public trust, bribery, graft and corruption, culpable violation of the Constitution, and other high crimes. Among the key allegations is the alleged misuse of public funds in her role as head of the Office of the Vice President and former education secretary, particularly regarding the handling of confidential funds amounting to hundreds of millions of pesos.

Escudero has urged his fellow senators to refrain from making public comments on the impeachment complaint to maintain impartiality. He stressed that any perception of bias or pre-judgment would damage the integrity of the impeachment trial and erode public trust in the Senate. “While impeachment is often described as a political exercise, members of the Senate must approach it with the impartiality and objectivity demanded of us,” he stated.

While acknowledging the divisive nature of impeachment proceedings, Escudero urged lawmakers to remain focused on pressing legislative work. He called on them to prioritize laws that address urgent national concerns and benefit the people. “As we move closer to the midterm elections in May 2025, it is even more imperative for us to rise above political noise and focus on the work that matters most to our people,” he added.

Escudero reiterated that while impeachment is an important accountability mechanism, it cannot legally proceed while Congress is in recess. The Senate must be in session and properly convened as an impeachment court before any trial can take place, reinforcing the necessity of following constitutional procedures.

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