Impeachment trial a self-executory mandate of Senate, says Charter author

The trial of an impeached official is a special and "self-executory" mandate that the 1987 Constitution gave the Senate and is not covered by constitutional provisions on its functions as a lawmaking body, one of the authors of the country's fundamental law said on Friday.

In a forum at the Adamson University held in the wake of the impeachment of Vice President Sara Duterte, Atty. Christian Monsod said there was no need for the President to call for a special session of Congress to make way for the convening of the Senate as an impeachment court.

Further, the constitutional framer said that the legislative break is a "recess that can be terminated" for "something that is very important given to the Senate to undertake."

Monsod, the chairman of the Constitutional Commission's Committee on the Accountability of Public Officers, indicated that the requirement to convene the impeachment court "forthwith" as provided by the constitution meant having to do so "immediately."

"Therefore, the faster it is resolved the better because one of the main purposes of the impeachment proceeding is to protect the right, protect people from the wrong officials who do not deserve office. So the faster the proceedings go, the better for the people," Monsod said.

He explained that special mandates provided by the constitution to the Senate, like convening the impeachment court, is "self-executory" and not covered by other provisions that refer to the Senate's legislative functions.

Article XI Section 3(4) of the 1987 Constitution which stated 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."

"The provision about the president can call a special session is for the legislative function of the Senate. It does not refer to this special mandate of the constitution which is self-executory. It is addressed to the Senate, they have the duty and the obligation to obey the constitution," he said.

Senate President Francis "Chiz" Escudero has been firm that the impeachment court will only be convened once the Senate is in session, saying he is proceeding with the impeachment process "legally, constitutionally, and in accordance with law."

On Thursday, Escudero released a timeline tentatively setting the start of the impeachment trial of Duterte on July 30.

In a letter to his colleagues dated February 24, Escudero explained why he was firm that the impeachment trial should start while Congress is in session and not in a special session.

He cited jurisprudence and precedents to support his interpretation of the word "forthwith" in tackling impeachment cases under the 1987 Constitution.

"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 said in his letter.

Escudero 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.

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 is seeking to compel the Senate to convene as an impeachment court immediately.