Escudero: Recusal of senators from impeachment trial ‘voluntary’

Senate President Francis “Chiz” Escudero on Monday explained that it is up to any senator-judge to inhibit from the impeachment trial of Vice President Sara Duterte. 

Escudero made the remark amid calls for certain senators, particularly those allied with Duterte, to recuse themselves from sitting as senator-judges. 

“Generally, ang pag-recuse [o] pag-inhibit is voluntary on the part of the impeachment court judge. Nakita na nating nangyari ‘yan sa ibang impeachment na kaso,” the senate president said in a press conference. 

(Generally, the recusal or inhibition is voluntary on the part of the impeachment court judge. We had seen that happen in other impeachment cases.) 

“Hindi ‘yan pwedeng ipilit sa sinuman, pabor man kay VP Sara o kontra man kay VP Sara, pabor man sa impeachment o kontra man sa impeachment,” he added. 

(That cannot be forced on anyone, whether he or she is in favor of VP Sara or not, whether he or she is in favor of impeachment or against it.) 

Atty. Christian Monsod, one of the authors of the 1987 Constitution, said he believes Senators Ronald “Bato” dela Rosa and Francis Tolentino should inhibit themselves from sitting as senator-judges after they sought to dismiss the impeachment complaint against Duterte. 

Meanwhile, the ACT Teachers Partylist also called on Senators Imee Marcos and Robin Padilla to recuse themselves from the impeachment trial, after they went with Duterte to Kuala Lumpur, Malaysia and openly expressed their support for her. 

Duterte said that senator-judges should not be urged to recuse themselves from the impeachment trial solely based on their political bias. 

If that were the case, then Vice President said that those who are not in favor of her, including Senator Risa Hontiveros, should also be barred from the impeachment trial. 

Escudero also stressed that the impeachment court has no limits when it comes to the trial, citing the Constitution. 

“Walang limitasyon ang impeachment court kaugnay ng pwede o hindi naming pwedeng pagpasyahan. Nakalagay nga sa Saligang Batas diba, sole power to try and decide,” he said. 

(The impeachment court has no limits regarding what it can or cannot do. It's in the Constitution that we have sole power to try and decide.) 

“Sa aming rules o sa rules man rules of court walang nakasaad doon na bawal kang gumawa ng ganito o ganyan o ganoong mosyon. Lahat ng mosyon pwedeng gawin at pagbobotohan ng impeachment court. Walang limitasyon ‘yun,” he continued. 

(There’s nothing in the rules of court that states that we are not allowed to do this or that. All motions can be made and voted on by the impeachment court. There is no limit to that.) 

The Senate, sitting as an impeachment court, last Tuesday voted 18-5 to bring Duterte’s case back to the lower chamber without dismissing or terminating it.

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 tackling the impeachment case.

Duterte was accused of betrayal of public trust, culpable violation of the constitution, graft and corruption, and other high crimes.—LDF, GMA Integrated News