Escudero rejects House motion to issue summons to Sara Duterte amid session break

Senate President Francis “Chiz” Escudero rejected Wednesday the motion of the House of Representatives’ prosecution team to issue summons against Vice President Sara Duterte to answer the articles of impeachment filed against her amid the session break.

During the Kapihan sa Manila Bay forum, the Senate chief maintained that this procedure should be done when the impeachment court has already convened and the articles of impeachment have already been stated on record in the plenary.

“It cannot legally be done. Hindi po siya pupwede dahil walang sesyon ang Senado (This cannot be done because the Senate is not in session),” Escudero said.

“Na present na ba nila ‘yung articles of impeachment on plenary? Na-convene na ba yung court? Eh hindi pa naman eh.  Edi hindi pa rin pwede ung ganon,” he added.

(Have they presented the articles of impeachment before the plenary? Has the impeachment court convened? Not yet, so this is not possible.)

He pointed out that even in the motion filed by the House prosecutors, they quoted the rules that the summons will be issued after the presentation of the article and once the court is convened.

While he said it is their right to file such motion, Escudero said he cannot be convinced to act on it unless Congress is in session.

“Kahit naman makumbinsi mo ako, illegal pa rin yun e so hindi ko gagawin (Even if you'll convince me, it is illegal so I won't do it). I will not do anything that is illegal. Unless a special session is called which I doubt,” he said.

For the Senate chief, granting it would just “give more reason and weapons for the accused and the impeached to question the process before the Supreme Court.”

“Kung gusto nila makipag-debate, huling payo na lamang siguro. Natutunan ko bata pa lamang ako sa kapapamadali, minsan lalong nagtatagal (If they want to debate .. this is my last advice. I learned when I was still young that in trying to hurry up, the more it gets delayed) … I would rather be more prudent and more closely faithful with what the law provides than go through these experimental procedures that they would want us to do at this point in time,” he stressed.

In his proposed timeline for Duterte’s impeachment trial, Escudero plotted the following dates:

• June 2 at 3 p.m.: Resumption of session; presentation of the Articles of Impeachment by the prosecutors; and Approval of the revised Rules of Procedure on Impeachment Trials
• June 3 at 9 a.m.:  Convening the Impeachment Court and oath-taking of incumbent senator-judges
• June 4: Issuance of summons
• June 14 to 24: Reception of pleadings
• June 24 to July 25: Pre-trial
• July 28: Inaugural session of the Senate of the 20th Congress (10 a.m.); Joint Session of Congress to hear the State of the Nation Address of the President (4 p.m.)
• July 29: Oath-taking of newly elected senator-judges before the Senate sitting as an Impeachment Court (9 a.m.); Plenary session of the Senate (3 p.m.)
• July 30: Start of trial (9 a.m. to 2 p.m.)

Justifying this timeline, Escudero compared this to the International Criminal Court’s treatment of the crimes against humanity case that former President Rodrigo Duterte—who is Sara’s father— is facing.

“Ikumpara natin. Finile sa ICC ang kaso laban kay dating Pangulong Duterte, wala namang recess ang ICC pero ini-schedule nila ‘yung pagdinig ng September, anim na buwan,” the Senate chief.

(Let us compare ... The ICC case against former President Duterte ... the ICC has no recess yet the hearing was scheduled in September or within six months.)

“Finile ng Pebrero (ang impeachment). Sabi ko ang trial (of Vice President Duterte) magsisimula ng July pero ‘yung mga pre-trial procedures gagawin ‘yan sa Hunyo. May recess pa kami sa lagay na yon,” he pointed out.

(The impeachment was filed in February. I said the trial will start in July but the pre-trial hearings will be held in June. We are on recess during that time.)

Comparing the two timelines, Escudero said the time given by the Senate as an impeachment court is “reasonable.” — RSJ, GMA Integrated News