Chiz: Only SC can compel Senate in recess to convene impeachment court

The Senate won't ask President Ferdinand "Bongbong" Marcos Jr. to call a special session of Congress to pave the way for the Senate's convening as an impeachment court to try Vice President Sara Duterte, Senate President Francis Escudero said on Monday.

In a news briefing, Escudero said only the Supreme Court could compel the Senate in recess to convene the impeachment court if it so rules in the petition for mandamus filed before the High Tribunal.

Under the constitution, one can only request a special session for urgent legislation.

"Anong gusto ninyo? Magsisinungaling ako, magpapanggap ako, mag-aarte-arte ako na kunwari may urgent legislation at magre-request ako ng special session. Samantalang alam niyo naman na ang dahilan lang ay yung clamor daw o 'yung ingay daw. Hindi naman yata tama yun di ba," Escudero said.  

(What do you want? Should I lie, pretend, and act as if there's an urgent piece of legislation so that I can request a special session? Meanwhile, you all know that the only reason is the so-called clamor or noise. That doesn't seem right, does it?)

While the Senate and the House of Representatives have "no choice" if Malacañang called for a special session for an impeachment trial, Escudero said the Vice President's trial of Duterte should proceed in the same way others did in the previous cases.

"Wala namang rason para tumanggi ang Senado at ang Kongreso. Kung mangyayari 'yon, bakit naman kami hindi susunod? Pero para saan uli? Para dito?" Escudero said.

(There’s no reason for the Senate and the Congress to refuse. If that happens, why wouldn’t we comply? But what is this for again? For this?)

"Ano ang kina-espesyal nito? Mas gigil tayo ngayon? Mas gigil sila ngayon? Mas nagmamadali sila ngayon kumpara dati? Anong pinagkaiba? 'Di ba dapat kung ano ang pagtrato natin sa mga impeachable officers pareho? Hindi ba dapat 'yung pagtrato natin ng impeachment cases, pareho-- sinoman ang nasasakdal, anuman ang panahon. Hindi dapat nagbabago 'yun," he added.

(What makes this special? Are we more eager now? Are they more eager now? Are they in more of a hurry now compared to before? What’s the difference? Shouldn't we treat impeachable officers the same way? Shouldn't our approach to impeachment cases be consistent—regardless of who is on trial or when it happens? That shouldn't change.)

He went on and said, "Special ba 'to? Kaya nga nakapiring 'yung babaeng sumisimbolo ng hustisya eh. Walang regular, walang special."

(Is this something special? That's why the woman symbolizing justice is blindfolded. There is no distinction between regular and special.)

The Senate chief also doubted that there would be a quorum should a special session be called, noting that some senators are in the middle of the campaign for Eleksyon 2025.

Escudero stressed that he would proceed with the impeachment trial under the law, not because of the public clamor.

"Hindi kayang baguhin ng ingay mula sa anumang sektor o grupo yung nakasulat sa batas. Hindi namin babaguhin yun depende sa palakasan ng sigaw. Hindi naman ako si Andrew E. na sinong mas malakas, pinaka maingay. Di naman ako yun, so hindi ko trabaho yun," Escudero said. 

(The noise from any sector or group cannot change what is written in the law. We will not alter it based on how loud the shouting is. I'm not Andrew E., who is always asking who is the loudest among the crowd. That's not me, so that's not my job.)

"Ang sinasabi ng batas ay sinasabi ng batas. Unless sabihan kami ng Korte Suprema sa mandamus petition na naka pending ngayon," he added.

(What the law states is what the law states unless the Supreme Court orders us otherwise regarding the pending mandamus petition.)

On the other hand, Escudero welcomed Senate Minority Leader Aquilino "Koko" Pimentel III's offer to help in the drafting of the proposed rules for an impeachment trial.

Pimentel's offer came after Senate Majority Leader Francis Tolentino, chairman of the committee on rules, said the minority leader could lead the drafting of the impeachment trial rules.

"Wine-welcome ko ang kanyang alok na tumulong sa pag-draft ng rules. Hindi mahalaga sa akin kung sino ang mangunguna o mamumuno dito pero anumang tulong ay tatanggapin namin at makikipag-ugnayan ang aming opisina at ang legal team ng Senado sa kanya kaugnay sa kanyang mga ideya sa rules. Hindi ko kinakaila bar topnotcher ni Koko at tama siya, isa sya sa kakaunting abogado dito sa Senado," Escudero said.

(I warmly welcome his offer to help draft the rules. It doesn't matter to me who will lead or oversee this. Any assistance will be appreciated, and our office will coordinate with him and the Senate legal team regarding his ideas on the rules. I won't deny that Koko is a topnotcher in the bar, and he's right—he is one of the few lawyers here in the Senate.)

On Sunday, Pimentel said he would wait for an official assignment from the leadership so he could start the drafting of the impeachment rules.

The House of Representatives 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.

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. –NB, GMA Integrated News