Sotto: Senate to conduct pre-trial after articles of impeachment vs Sara Duterte transmitted

Senate President Vicente “Tito” Sotto III on Monday said the Senate will be holding pre-trial proceedings first before the trial proper, should the House of Representatives transmit the articles of impeachment against Vice President Sara Duterte.

Sotto explained that the pre-trial process is necessary to avoid confusions in the court, citing the 2012 impeachment trial of the late chief justice Renato Corona when “surprise” witnesses were introduced midway through the trial.

“Ang gagawin ko dito, based on experience, pre-trial muna before the trial proper. ‘Yun naman ay kasama sa rules namin which is suppletory namin ‘yung rules of court eh,” he said in a Super Radyo dzBB interview.

(What we will do here, based on experience, is to hold a pre-trial first before the trial proper. That is included in our rules which are suppletory to our rules of court.)

“Sa pre-trial dapat mayroon na doon ‘yung mga tinatawag na markings of evidence, ‘yung determination ng mga witness para ma-expedite naman namin ‘yung kaso and manage the court. That is the thing to do,” he added.

(In the pre-trial, there will be markings of evidence and the determination of witnesses so that we can expedite the case and manage the court. That is the thing to do.)

If the pre-trial proceedings do not last longer than expected, Sotto said the Senate may conduct the trial proper by the middle of or last week of June.

VP Sara should attend

Sotto also said it would be preferable if Duterte would personally attend the impeachment trial, if ever it pushes through, to defend herself from the accusations against her.

“Dapat umattend. Mas magandang umattend. Wala naman sa rules namin na sinasabing compelled to attend, pero dapat naman siguro,” he said.

(She should attend. It's better to attend. Our rules do not compel anyone to attend the trial, but maybe she should.)

Duterte’s camp earlier said that the attendance of the Vice President at her possible impeachment trial will depend on whether or not her presence is needed in the court.

Not a vindication

Moreover, Sotto also disagreed with the sentiment of Atty. Regie Tongol, spokesperson for the 2025 Senate impeachment court, that the Supreme Court's recent ruling on the term "forthwith" was a vindication for the Senate at the time.

“Hindi. Mali ang intindi nila. Sapagkat ang sinasabi ng Supreme Court na within reasonable time is the trial proper, not the convening, not the calling of an impeachment court,” Sotto said.

(They’re wrong. They misunderstood the ruling. What the Supreme Court said regarding the reasonable time is the trial proper, not the convening, not the calling of an impeachment court.)

The Supreme Court previously clarified that the term “forthwith” as mentioned in Article 11, Section 3(4) of the 1987 Constitution meant that the Senate should hold an impeachment trial “within a reasonable time,” not necessarily immediately, as a petitioner argued.

The high court, however, stressed that the Senate must still avoid “undue delay” when it comes to the impeachment trial, to uphold the principle that public officers must at all times be accountable to the people.

Former Senate President Chiz Escudero Escudero back then drew criticism for setting the impeachment trial at a time which many saw was inconsistent with the term "forthwith."

For Sotto, forthwith means immediately or “the following day.”

“Doon sa Supreme Court desisyon nitong huli, ang interpretasyon nila parang sinasabi na tama ‘yung dating ginawa sapagkat within reasonable time daw. Pero ang unang tanong do’n kaagad—reasonable time ba ‘yun February 5 [na-transmit], pagkatapos June 10 ka tumawag? Is that reasonable time?” Sotto said.

(Their interpretation of the recent Supreme Court decision was that what was done before was correct because it was within a reasonable time. But the first question is—is that a reasonable time? The articles were transmitted on February 5, but then you called for the convening of the court on June 10. Is that a reasonable time?"

The 1987 Constitution states that: “In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.” —AOL, GMA News