Senate convenes as impeachment court in Sara Duterte trial

Senators have convened as the impeachment court in the trial of Vice President Sara Duterte.

The senators took their oath past 6 p.m.

Escudero first took his oath on Monday night as the presiding officer of the impeachment court. 

Senators Robin Padilla, Imee Marcos, and Cynthia Villar did not wear their robes but took their oaths as senator-judges. 

Senator Ronald "Bato" dela Rosa earlier moved in the Senate plenary to seek the dismissal of the verified impeachment complaint against Sara Duterte.

Dela Rosa made the motion as he delivered his privilege speech during a plenary session at the Senate. 

“I respectfully move that in view of its Constitutional infirmities and questions on the jurisdiction and authority of the 20th Congress, the verified impeachment complaint against Vice President Sara Zimmerman Duterte be dismissed,” Dela Rosa said.

Escudero ruled that the impeachment court should first be convened before acting on any motion to dismiss the impeachment complaint.

The session was suspended so that the senators could put on their robes as senator-judges. 

When the session resumed, Escudero, as the presiding officer, immediately declared the impeachment trial of Duterte open. 

“Pursuant to Article XI Section 3 paragraphs 4 and 6 of the Constitution, the Senate is now constituted and convened as an impeachment court and the impeachment trial of Sara Zimmerman Duterte is hereby declared open and called to order," he said.

After which, the senators, including Padilla, Marcos, and Villar, formally took their oath as judges. 

The impeachment court also adopted the rules of procedure for the impeachment trial. 

Dela Rosa then reiterated his motion to dismiss the verified impeachment complaint against Sara Duterte, which was seconded by Senator-judge Bong Go. 

“Ang gusto nating kalabasan ng paglilitis na ito ay hustisya, hindi politika. Mararating lang natin ito kung masasagot ang mga katanungan na hindi nabibigyan ng linaw hanggang ngayon. Kung kaya’t sana naman ay pag-aralan natin ito nang mabuti. Tama na hindi dapat ito patagalin pero hindi rin dapat ito madaliin,” Go said. 

(The outcome that we want from this trial is justice, not politics. We can only get there if we can answer the questions that have not been clarified until now. So I hope we can study it carefully. It’s right that the trial should not be prolonged, but it should also not be rushed either.)

“At the very least, pag-aralan natin ito nang mabuti—baka naman maari natin itong ibalik o i-remand muna natin. Tama naman ang accountability, 'wag lang pulitikahin,” he added. 

(At the very least, let's study it carefully—maybe we can turn this back or remand it first. I am for accountability, but let’s not politicize this.) 

Padilla also made a manifestation, airing his reservations regarding the trial. He hoped that the senator-judges would consider the Filipinos’ welfare. 

“Pakiusap ko po. Huwag nating hayaang matabunan ng ingay ng pulitika ang sigaw ng ordinaryong Pilipino. Habang pinagdedebatehan natin ang impeachment, may mga kababayan tayong hinihintay ang gamot, dagdag-sahod at ng pag-asa. Bawa't araw ng delay, may nawawalan ng lakas ng loob. Bawa't hindi pagtutok, may Pilipinong nawawala ang tiwala. Ilan lamang ito sa mga panukalang batas na naantala dahil sa usapin ng impeachment,” Padilla said. 

(This is my appeal. Let's not let the noise of politics drown the cry of the ordinary Filipinos. While we are debating the impeachment, we have citizens who are waiting for medicine, increased wages, and hope. People lose courage and trust due to the delays and our lack of focus. These are just some of the bills that have been delayed due to the issue of impeachment.) 

Minority objects

Meanwhile, the minority bloc, led by Senate Minority Leader Aquilino “Koko” Pimentel III objected to the motion made by Dela Rosa. 

“The motion actually is unconstitutional in the opinion of this representation because according to Article 11 Section 3 paragraph 6... The Senate shall have the sole power to try and decide all cases of impeachment,” Pimentel said. 

Senator-judge Risa Hontiveros also objected to Dela Rosa’s motion.

“A motion to dismiss is not found. Hindi po nahahanap itong motion to dismiss sa rules of the procedure on impeachment na literal kaka-adopt lang po natin. At kung mayroon man, hindi senator-judge ang magre-raise noon kundi ang defendant. Si Vice President Sara Duterte ang dapat mag-raise niyan,” she said. 

(The motion to dismiss is not found in the rules of procedure on impeachment that we have literally just adopted. And if there was, it is not the senator-judge who will raise it, but the defendant. Vice President Sara Duterte should be the one to raise it.) 

Remand

Senator-judge Alan Peter Cayetano, meanwhile, pointed out that under Rule 30 of the Senate rules, the sponsor of any motion or measure may withdraw or modify its amendments or resolution before a nominal vote is ordered in the same. 

With this, he said that the impeachment court had the option either to dismiss or remand the articles of impeachment or tackle it the next day. 

“I cannot in conscience, as a lawyer and as a senator-judge, just make that rash decision that it violated the one-year ban,” he said. 

Sara Duterte filed in February a petition for certiorari and prohibition with urgent application of temporary restraining order and/or writ of preliminary injunction before the Supreme Court.

She asserted that the House committed grave abuse of discretion by "deliberately" freezing action on the first three impeachment complaints, then violated the constitutionally mandated one-year ban when the fourth complaint was signed by the chamber's majority.

The House of Representatives impeached Duterte on February 5, with over 200 lawmakers endorsing the complaint. 

Sara Duterte is accused of betrayal of public trust, culpable violation of the constitution, graft and corruption, and other high crimes.

Villanueva vs Padilla

In Raffy Tima and Mav Gonzales’ Tuesday reports on “24 Oras,” senators Joel Villanueva and Robin Padilla almost engaged in a physical altercation before they were separated by colleagues Imee Marcos and Francis Tolentino. 

During a suspension of the session, Padilla seemingly attempted to rush at Villanueva. 

Villanueva had earlier moved that the Senate convene as an impeachment court to discuss Dela Rosa’s motion to dismiss Duterte’s impeachment trial. 

However, Padilla said the Senate agreed that the Senate would convene on Wednesday.

After he was told to relax, Padilla appeared to have lost his temper.

Both senators later made up and were seen embracing each other and shaking hands.

Earlier, Escudero said that despite the Senate convening as an impeachment court, the trial will begin in the 20th Congress.   –NB/RF, GMA Integrated News