The Senate cannot convene as an impeachment court during its current recess to hear the complaint against Vice President Sara Duterte. Senate President Francis Escudero clarifies that the trial will likely span both the 19th and 20th Senate, requiring the return of incumbent senators by June 2, 2025, to formally convene as an impeachment court. This timeline contrasts with election lawyer Romulo B. Macalintal's view that the current Senate must complete the trial by June 13, 2025, or before its adjournment.
The Senate will not be able to convene as an impeachment court during its current recess to address the impeachment complaint against Vice President Sara Duterte . Senate President Francis Escudero clarified this on Wednesday, February 6, 2025, stating that the Senate , unable to convene as an impeachment court during recess, cannot be accused of delaying the complaint.
He highlighted that the Senate convened as an impeachment court in January 2001, two months after President Joseph Estrada's impeachment by the House of Representatives in November 2000. Escudero emphasized that the Senate must first review the impeachment rules and procedures, verify the authenticity of the complaint and signatures, and formally convene the impeachment court, all of which can only be done during a congressional session. The Senate session is adjourned until June 2, 2025, for the election campaign. While the trial itself can proceed during the recess, legal procedures necessitate the Senate's formal convening.Escudero further detailed that the impeachment trial will likely span both the 19th and 20th Senate. This means the incumbent senators will have to return to session by June 2, 2025, to formally convene as an impeachment court, alongside the newly elected senators. He explained that the interim period could be used to review updated impeachment rules, drafted by the Senate Secretariat, and to study the detailed complaint signed by 215 members of the House of Representatives. He urged both the prosecution and defense teams to thoroughly review the complaint and prepare for trial, ensuring a smooth process once the court convenes. However, this timeline contradicts the view of veteran election lawyer Romulo B. Macalintal. Macalintal argues that the current Senate must complete the impeachment trial against Vice President Duterte by June 13, 2025, or before its adjournment. He cites the 2008 Supreme Court ruling in Garcillano vs. House of Representatives, which stated that unpassed bills and ongoing Senate investigations terminate upon the end of a congressional term. While the succeeding Senate can choose to take up these unfinished matters, they would be treated as new cases, not continuations. Macalintal emphasizes that the current Senate must act swiftly to convene as an Impeachment Court and finalize the trial before June 13, otherwise, the succeeding Senate would have no obligation to continue the proceedings as they stand.
IMPEACHMENT SENATE VICE PRESIDENT SARA DUTERTE FRANCIS ESCUDERO ROMULO MACALINTAL 19TH SENATE 20TH SENATE POLITICAL TRIAL
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