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Special session for impeachment not in the Constitution: Chiz

Article (news)

RG Cruz

Job Manahan

ABS-CBN News

<p>MANILA — The Senate has no plans to call for a special session so they could proceed with the impeachment trial of Vice President Sara Duterte, Senate President Francis Escudero said on Monday.</p><p>&quot;I have no intention of requesting to the President a special ssssion. Hindi ito isa sa mga bagay o dahilan para magpatawag ng special session ang Senado,&quot; Escudero told reporters.</p><p>&quot;Sino bang may gusto na mag special session at mag-trial kami bago mag eleksyon? Yung pro. Sino mang-pro or anti VP Sara hindi namin papakinggan, susundan namin ang itinatalaga ng batas,&quot; he added.</p><p>Escudero cited the impeachment process of former Ombudsman Mercedutas Gutierrez, wherein the House submitted the impeachment 3 days before they adjourned. The trial was scheduled over a month after the impeachment was filed, he said.</p><p>He also noted former Supreme Court Chief Justice Renato Corona&#x27;s case, wherein the impeachment was filed one week before the Senate&#x27;s recess. </p><p>&quot;Hindi nag-trial ang Senado. Nag-trial matapos ang Pasko at New Year. Tinawag ang pagdinig January na, makalipas ang higit kumulang na isang buwan. Bakit ko iibahin ang pagtrato sa impeachment complaint na ito?&quot; said the Senate President </p><p>&quot;Hindi ito espesyal. Hindi ito kakaiba. Ang tingin dapat namin dito, ordinaryong impeachment complaint lamang laban sa isang impeachable officer. Pare-pareho lang silang impeachable officer sa pananaw namin,&quot; he added.</p><p>Escudero argued that nothing in the 1987 Constitution says a special session of Congress could be called to hold an impeachment trial. </p><p>He said the Constitution is specific as to when Congress can hold special sessions. These include when there is urgent legislation that needs to be tackled, when Congress must vote for a new vice president in case the latter is removed or is incapacitated, if the president becomes incapacitated by a majority vote of the Cabinet, to canvass and proclaim the president and vice president in an election, and when martial law is declared and the writ of habeas corpus is suspended.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/2/6/escudero-says-sara-duterte-impeachment-trial-can-t-be-done-during-congress-break-1105">Escudero says Sara Duterte impeachment trial can’t be done during Congress break</a></div><p>&quot;The Vice President&#x27;s impeachment complaint is not sui generis. It is like any other impeachment complaint. I intend to treat it as such, not treat it any differently from how the Senate has treated other previous impeachment complaints in accordance with our rules and the Constitution,&quot; Escudero, the presiding officer in the looming impeachment trial, said in an ANC interview. </p><p>The House of Representatives impeached Duterte last Wednesday, with 215 members supporting a fourth complaint against the vice-president. This was more than the 102 that was needed for a complaint to be transmitted to the Senate for trial. </p><div><a href="https://www.abs-cbn.com/news/nation/2025/2/5/house-impeaches-vp-sara-duterte-1551">READ: House impeaches VP Sara Duterte</a></div><p>However, the Senate <a href="https://www.abs-cbn.com/news/nation/2025/2/5/senate-adjourns-for-4-month-election-season-without-acting-on-impeachment-vs-sara-duterte-2035">adjourned its plenary session</a> until June 2 without acting on the complaint.</p><p>House Speaker Martin Romualdez said the schedule of the trial was up to the Senate.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/2/8/escudero-no-need-to-call-special-session-for-sara-duterte-s-impeachment-trial-1811">Escudero: No need to call special session for Sara Duterte&#x27;s impeachment trial</a></div><div><br/></div><div><strong>RESIGNATION BEFORE TRIAL</strong></div><div><br/></div><div><iframe width="1100" height="619" src="https://www.youtube.com/embed/NtnSSxIrbh0" title="House of Representatives impeaches Vice President Sara Duterte | ABS-CBN News" frameBorder="0" allowfullscreen=""></iframe></div><p>Meanwhile, Escudero told ANC&#x27;s Headstart that the full Senate would decide on whether to continue with the impeachment trial of Duterte if she resigns before trial is completed.</p><p>The Senate chief explained that while a resignation would render the penalty of removal from public office moot and academic, it will also leave hanging the other penalty of perpetual disqualification from public office.</p><p>&quot;If she resigns, there are two things the impeachment court can decide on. One, dismiss it, very much like what they did in the case of Ombudsman Gutierrez,&quot; said Escudero, referring to the impeachment case against Merceditas Gutierrez, who resigned before the Senate trial kicked off. </p><div><a href="https://www.abs-cbn.com/news/nation/2025/2/6/5-things-to-know-about-vice-president-sara-duterte-and-her-impeachment-1215">5 things to know about Vice President Sara Duterte and her impeachment</a></div><p>&quot;[The] Senate... simply dismissed the case and said she resigned already... However, that&#x27;s only one penalty of impeachment. The other penalty for impeachment is absolute perpetual disqualification to hold public office.&quot; </p><p>Such scenario was floated as Duterte&#x27;s supporters suspect that the impeachment case was initiated by her opponents to disqualify her from the 2028 presidential polls.</p><p>&quot;It will be decided upon by the impeachment court because I&#x27;m sure both parties will have different position on this. Tutuloy pa ba o hindi? I leave that to the impeachment court,&quot; Escudero said.</p><p>Escudero said once an impeachment is sent to the Senate for trial, it cannot just be withdrawn or dropped without the Senate&#x27;s consent.</p><div><br/></div><div><strong>NO PARDON</strong></div><div><br/></div><div><iframe width="1100" height="619" src="https://www.youtube.com/embed/WtuN9HXIrco" title="Lawyer questions &#x27;process&#x27; taken by Congress to impeach VP Sara Duterte | TeleRadyo Serbisyo" frameBorder="0" allowfullscreen=""></iframe></div><p>The Senate chief said any ruling by the impeachment court on the merits cannot be reviewed by the Supreme Court and that any conviction cannot be pardoned by the President. </p><p>&quot;As far as I know, the pardoning power of the President applies to crimes. And an impeachment court, as we said, is in a class of its own. I will take the position further that it&#x27;s not even reviewable by the Supreme Court,&quot; he said.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/2/5/senate-urged-to-kick-off-impeachment-trial-of-vp-sara-duterte-1911">&#x27;Filipinos are watching&#x27;: Senate urged to kick off impeachment trial of VP Sara Duterte</a></div><p>&quot;You cannot go to the Supreme Court on appeal and appeal the decision, the political decision of the impeachment court. So this will be unique,&quot; Escudero added.</p><div><br/></div><div><strong>AUTOMATIC SUCCESSION?</strong></div><div><br/></div><p>Meanwhile, Escudero added that there was no automatic succession to the vice presidency in case of vacancy due to removal from office, resignation, death or permanent incapacity or even promotion to the presidency.</p><p>&quot;There is no succession. Hindi papalit ang Senate President sa Vice President kapag na-impeach, natanggal, nag-resign, naging incapacitated. Hindi rin papalit ang Speaker sa Senate President dahil hindi naman sa miyembro ng Senado, ang palitan lang, ang succession applies only to the Vice President becoming President.... Kapag may nangyari sa Presidente.&quot; Escudero said.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/2/7/sara-duterte-says-she-s-okay-after-impeachment-we-leave-it-to-the-lawyers-1127">Sara Duterte says she’s ‘okay’ after impeachment: ‘We leave it to the lawyers’</a></div><p>Escudero cited the case of then Vice President Gloria Arroyo, who picked then Senator Teofisto Guingona as vice president when she became President after EDSA 2. </p><p>Escudero explained that since the qualifications for senators and congressmen are almost the same as for president and vice president, the possible options for a new VP will come from the ranks of lawmakers who are aged 40 and above.</p><div><iframe width="1100" height="619" src="https://www.youtube.com/embed/KPsNJTU0ATg" title="Sara Duterte breaks silence on impeachment: &#x27;God save the Philippines&#x27; | Full statement and Q&amp;A" frameBorder="0" allowfullscreen=""></iframe></div><div><br/></div><div><strong>CHIZ: NO E-SIGNATURES  SO FAR </strong></div><div><br/></div><p>Escudero said that so far all of the signatures in the articles of impeachment against Duterte were wet signatures.</p><p>The Senate chief however said they have to still screen them using an app.  Last week, Escudero told the Kapihan sa Senado that they had to verify that the signatures are not e-signatures as only wet signatures are allowed for impeachment cases. </p><p>&quot;We are in the process of procuring an app that will validate this visual finding. This will hopefully be done within the week,&quot; he said.</p>

<p>There is nothing in the 1987 Constitution that says a special session of Congress maybe called to hold an impeachment trial, Senate President Francis Escudero said Monday.</p>

There is nothing in the 1987 Constitution that says a special session of Congress maybe called to hold an impeachment trial, Senate President Francis Escudero said Monday.

No plans to call special session for VP Sara's impeachment, says Escudero

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No plans to call special session for VP Sara's impeachment, says Escudero

RG Cruz,

Job Manahan,

ABS-CBN News

Published February 10, 2025 01:17 PM PHT

|

Updated February 10, 2025 03:35 PM PHT

Read More:

francis escudero

sara duterte

impeachment

politics

senate

congress

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