Escudero: House should submit pleading on Sara Duterte impeachment

Senate President Francis "Chiz" Escudero, who sits as presiding officer of the impeachment court, said Thursday the Senate has yet to receive any pleading from the House of Representatives regarding the impeachment of Vice President Sara Duterte. 

In an ambush interview in Malolos, Bulacan, Escudero emphasized that all communications regarding the impeachment should be submitted through pleadings—not through social media, press conferences, or press releases—considering that the impeachment court has already convened. 

The House of Representatives on Wednesday night certified that Duterte's impeachment complied with the 1987 Constitution. 

The House plenary also deferred acceptance of the articles of impeachment until the Senate impeachment court has responded to the queries sought by the House prosecution panel regarding the return of the articles of impeachment.

According to Escudero, however, the impeachment court did not receive any documents pertaining to the matter by the time the Senate adjourned sine die on Wednesday at about 9 p.m. 

"Hindi ko nais komentaryuhan 'yan dahil una, balita lang 'yan. Ni hindi ko alam kung totoo dahil wala pa naman kaming natatanggap. Lahat ng komunikasyon, sa ngayon na may impeachment court na, sa pamamagitan na ng pleading at hindi press release o ang presscon," the senate president said. 

(I don't want to comment on that because, first of all, it's just news reports. I don't even know if that's true because we haven't received anything yet. Now that there is an impeachment court, all communication should be done through pleading and not through press releases or press conferences.) 

Escudero said only the impeachment court can say what could be the possible effects of the latest move by the House of Representatives.

Further, only the Supreme Court can decide whether returning Duterte's case back to the House is unconstitutional or not, Escudero said.

The Senate, sitting as an impeachment court, voted 18-5 on Tuesday night to return the articles of impeachment to the House of Representatives without dismissing or terminating the case until such time that:

• The House of Representatives certified to the non-violation of Article XI, Section 3, paragraph 5 of the Constitution, which provides that "No impeachment proceedings shall be initiated against the same official more than once within one year; include the circumstances on the filing of the first three impeachment complaints"; and
• The House of Representatives of the 20th Congress communicated to the Senate that it was willing and ready to pursue the impeachment complaint against the Vice President.

On Wednesday evening, Speaker Martin Romualdez described the Senate impeachment court's move as "deeply concerning."

Despite this, Romualdez said the House "will comply with the requirements of the impeachment court" to ensure that the process continues. 

Impeachment court's decision

Escudero, meanwhile, reiterated that the House prosecution panel has no option but to accept the returned articles of impeachment. 

"'Yun ang pasya ng impeachment court bilang mga taga-usig. Dapat nilang galangin at sundin 'yun. Kapareho sa parte ni VP Sara, dapat galangin at sundin rin niya ang summons na in-issue ng impeachment court," he added. 

(That's the decision of the impeachment court as judges. The House should respect and obey that. Likewise, on the part of VP Sara, she should also respect and obey the summons issued by the impeachment court.) 

The Senate Sergeant-At-Arms served on Wednesday morning the writ of summons for the Vice President at her office in Mandaluyong City.

The Office of the Vice President (OVP) confirmed receipt of the summons issued by the Senate impeachment court at 11:05 a.m.

Not yet to transmitted

As of Thursday morning, the House of Representatives has yet to transmit to the Senate its resolution certifying that the articles of impeachment complied with the 1987 Constitution.

House Impeachment Prosecutor Ysabel Maria Zamora of San Juan City said, "It was decided by the House leadership that the Secretary General can issue the certification, maybe for everyone's appeasement. But, it does not necessarily mean that we will transmit such certification to the Senate."

Zamora added that the House prosecution panel has also yet to discuss when to transmit the certification to the Senate as she emphasized that the members are not defying the impeachment court's order but merely "seeking clarification."

"We are giving the message that we follow the rules, we follow the Constitution and we are wondering why they issued such resolution. We are actually asking them why they are questioning our procedures when the mere fact that we transmitted the Articles of Impeachment showed that we followed the procedures in the House, with the procedures laid in the Constitution," Zamora added.

She also reiterated the prosecutors' stand that the Senate impeachment court cannot remand nor return the articles of impeachment to the House. — VDV, GMA Integrated News