Escudero: Sara Duterte impeachment trial up to 20th Congress

Senate President Francis “Chiz” Escudero said Monday that senators in the 20th Congress will get the final say on whether or not the impeachment trial of Vice President Sara Duterte will push through.

The 20th Congress will open on July 28, on the day of the fourth State of the Nation Address (SONA) of President Ferdinand “Bongbong” Marcos Jr. 

With only six plenary sessions remaining before the 19th Congress adjourns on June 13, Escudero said the next Congress will be the one to handle the trial proper, if pursued, once it convenes a day after SONA or on July 29.

He explained that regardless of the decision of the 19th Congress regarding impeachment matters, it cannot bind the subsequent Congress. Meaning, the 20th Congress needs to decide again if it will reconvene as an impeachment court and proceed with the trial “either by an affirmative vote or by their silence and acquiescence.”

“Pwedeng pagbotohan ‘yun ng plenaryo ng 19th Congress pero anuman ang desisyon namin, hindi pwede i-bind ‘yung 20th Congress. So pwedeng magkaroon ng ibang pananaw ‘yung 20th Congress. Halimbawa, pwedeng sabihin ng 19th Congress, tatawid ‘yan pero ang pasya ng 20th Congress, hindi tatawid ‘yan at idi-dismiss nila, so depende,” the Senate President said.

(The 19th Congress can vote on it, but regardless of our decision, the 20th Congress cannot be bound. So the 20th Congress can have a different decision. For example, the 19th Congress can say that the impeachment trial will proceed, but the 20th Congress can say otherwise, so it depends.)

“Sa dulo, you have to understand in Congress, plenary is supreme. It’s not the decision or the voice of one member even if he or she is the Senate President or an officer of the Senate or the House. Desisyon palagi ng plenaryo ang mangingibabaw sa anumang usapin,” he added.

(In the end, you have to understand that in Congress, plenary is supreme. It's not the decision or the voice of one member even if he or she is the Senate President or an officer of the Senate or the House. The decision of the plenary will always prevail no matter what.)

Five senators in the 20th Congress were endorsed by PDP-Laban, chaired by Sara’s father former president Rodrigo Duterte, during the 2025 midterm elections: Ronald “Bato” Dela Rosa, Bong Go, Rodante Marcoleta, Imee Marcos, and Camille Villar. They will join Senator Robin Padilla, who sits as the party’s president.

Other senators in the next Congress are either independent or are allied with other political parties.

Escudero urged incoming senator-judges, regardless of who they are affiliated with, to remain impartial regarding the impeachment.

“Desisyon at pasya nila ‘yon hindi para sa akin na husgahan ‘yon. Pero nakalagay sa aming rules hangga’t maaari ay maging impartial sana ang bawat senator-judge hangga’t hindi pa naririnig 'yung kaso mismo. Maging ganun pa man ang pag-inhibit ay voluntary decision sa parte ng sinumang hukom. Hindi ito pinagbobotohan ng mga miyembro ng hukom mismo,” he said.

(They have their own decision and it's not for me to judge. But it is stated in our rules that every senator-judge should be impartial as much as possible until the case has been heard. Even so, inhibition is a voluntary decision on the part of any judge. It is not voted upon by the members of the senator-judges themselves.)

Asked if the impeachment trial will proceed as scheduled on July 30, Escudero said that it should "in the ordinary course of events," unless the senators decide otherwise.  

Based on the proposed schedule, the oath-taking of newly elected senator-judges before the Senate, sitting as an impeachment court, will take place on July 29 at 9 a.m., followed by a plenary session in the afternoon.

The trial proper will then begin on July 30 from 9 a.m. until 2:00 pm. 

Last week, Escudero announced that the reading of impeachment raps against Duterte would be moved from June 2 to June 11, as the Congress needs to prioritize the passage of the items in the administration's legislative agenda before the 19th Congress adjourned sine die on June 14.

House Speaker Martin Romualdez agree that convening the impeachment court for the trial of the Vice President is up to the Senate

“The Senate President’s letter to me is pretty straightforward. Kaya ‘yung impeachment complaint ay nasa Senado na. So we leave it to their sound discretion as to how they want to proceed and conduct [the impeachment trial],” Romualdez told reporters.

"The Senate President outlined the priority measures that they would like to prioritize first, so we have to respect the decision of the Senate President,” he added.

Not optional

On the other hand, for ML party-list representative-elect and former senator Leila de Lima, convening the impeachment court is not optional because it is mandated by the Constitution.

“What is clear is that it is stated in the Constitution. The impeachment trial, at this stage...the convening of the impeachment court and the proceeding for the impeachment trial [of the Vice President] is not optional. I was expecting more from the statements from the Senate President. Akala ko, aalisin niya iyong mga agam-agam kung dyan magkakaroon pa ba ng trial o hindi (I thought he would remove doubts on whether the trial would proceed or not),” De Lima, tapped to be part of the House prosecution team, said.

De Lima then said that Escudero's position and that of returning senator Vicente Sotto III is a cause of concern.

“It's unfortunate because they are supposed to be one of the very first that must uphold the Constitution, fight for the principles enshrined in our Constitution...and these are the principles of truth, justice, and accountability. The Constitution is the most supreme. It is supreme over the Senate, House of Representatives...it is supreme over all departments of government, whether executive, legislative, or judiciary,” she said.

De Lima also said the impeachment trial of the Vice President is not yet dead as stated by Senator Imee Marcos because the allegations are based on solid grounds unlike the trumped up drug charges filed against her during the administration of former President Rodrigo Duterte.

“Gusto natin na managot ang dapat managot.  May akusado, may lilitisin. Obligasyon ng korte na litisin.  We are pushing for the impeachment trial because it is the proper venue to ferret out the truth. Depende [dapat] sa ebidensya. Hindi pwedeng sarado na agad sila. Hindi pa nga nakikita 'yung buong ebidensya o ‘yung lakas ng ebidensya,” she said.

(We wanted those responsible to be held liable. There is an accused, there should be a trial. It is the obligation of the court to hold trial. We are pushing for the impeachment trial because it is the proper venue to ferret out the truth. It should depend on the evidence, they should not be closed minded. They have yet to see the evidence or the weight of the evidence.)

“It is not crucifixion if the allegations have basis. In fact, we have seen some of the evidence during the inquiries of the House Committee on Good Government and Public Accountability. Hindi ito tulad ng mga imbentong kaso sa akin (It is unlike the trumped up charges filed against me),” De Lima added.

Duterte was impeached by the House of Representatives on February 5, with over 200 congressmen endorsing the complaint against her. She was accused of betrayal of public trust, culpable violation of the Constitution, graft and corruption, and other high crimes mainly over alleged misuse of around P612.5 million worth of confidential funds and threatening to kill President Ferdinand Marcos, Jr., his wife Liza and the President’s cousin and Speaker Romualdez.

The Vice President, for her part, said she is looking forward to her impeachment trial in the upcoming 20th Congress because she “wants a bloodbath."

She clarified over the weekend that she meant her own blood, even likening the impeachment trial to a crucifixion. —AOL, GMA Integrated News