‘Resolution’ to dismiss impeachment trial hit

(UPDATE) SENATE President Francis Escudero on Wednesday denied claims that a resolution has been filed in the Senate to dismiss the impeachment case against Vice President Sara Duterte even as some senators received a copy of the unsigned document.

Senate Minority Leader Koko Pimentel raised concerns about the authenticity of the resolution and pointed out inaccuracies in the constitutional provisions cited. The document, he said, was “flawed or defective.”

“Even the quotation on the constitutional provision [justifying the dismissal of the impeachment case] is not accurate,” Pimentel said in a text message.

HOMEWARD BOUND Vice President Sara Duterte, alongside her brother, Davao City Mayor Sebastian Duterte, and former presidential spokesman Harry Roque, speak to reporters and supporters at The Hague in the Netherlands after she visited her father, former President Rodrigo Duterte, for the last time before returning to the Philippines. VIDEO GRAB FROM OVP COMMUNICATIONS

Senator-elect Imee Marcos said she saw a copy of the draft resolution being circulated among senators.

It was “one of the many drafts with different objectives — all of which seek the best legal option, [with] no loopholes,” Marcos said in Filipino and English.

Several senators, including Joel Villanueva, JV Ejercito, Cynthia Villar and Risa Hontiveros, said they had not seen any resolution filed regarding this matter.

Sen. Bong Go, a close ally of the Dutertes, was tight-lipped on the resolution. Another Duterte ally, Sen. Ronald Dela Rosa, said it is only right that the Senate immediately act on the impeachment case now under the 19th Congress so that it is resolved before the 20th Congress.

Dela Rosa, a prominent ally of the Duterte family, asserted that it is the constitutional duty of the Senate to address the articles of impeachment once received from the House of Representatives. However, he raised concerns over whether there will be adequate time for the Senate to act effectively as an impeachment court and conduct a trial.

“The pressing question is whether the 19th Congress can realistically convene and hold a trial under the current timeline,” Dela Rosa said. He expressed skepticism about the feasibility of completing the proceedings before the Congress adjourns.

The 19th Senate will adjourn sine die on June 13 but ends on June 30.

A copy of the resolution circulating among senators calls for the dismissal of the impeachment case against Duterte. This dismissal is reportedly based on the provisions of the 1987 Constitution.

Dela Rosa pointed out a significant legal question: if the impeachment trial cannot be finished, can the case be carried over to the 20th Congress? Dela Rosa, citing his research, stated that he believes the impeachment case cannot extend to the next Congress due to the independent nature of each congressional session.

“That’s one of the unfinished business,” Dela Rosa said. “Both the 19th and 20th Congresses operate independently. What the 19th Congress initiated is not binding on the 20th Congress,” he said.

He acknowledged the potential for intense debate on this issue, particularly regarding the jurisdiction of the 20th Congress to intervene in a case started in a previous session.

“That’s a bloody debate,” he admitted. “Based on my readings and research, it can’t be crossed into the next Congress. That’s what I see,” he said.

Based on a copy of the unsigned and undated resolution obtained by The Manila Times, its purpose is to declare the “de facto dismissal” of the impeachment case against Duterte, allegedly based on the provisions of the 1987 Constitution.

Sen. Joseph Victor Ejercito said he has not seen the resolution. “Whether I am in favor or not of impeachment is irrelevant, it is the Senate’s constitutional duty to convene and proceed with the trial,” he said.

“I have mentioned before that the impeachment process is very divisive. But we have to go through it as part of our sworn duty. I may not be in favor of it but we have a duty to perform,” Ejercito said.

Senate President Pro Tempore Jinggoy Estrada said he believes that it is the senators’ constitutional duty to hear the impeachment case “against any impeachable officer that is written in our Constitution.”

Asked whether a mere adoption of resolution is enough to dismiss any impeachment case, Estrada said, “I am not a lawyer. I will discuss it with our lawyers. It has been in circulation since Monday. I saw it,” he said.

Senator-elect Panfilo Lacson said that a draft resolution seeking to dismiss the impeachment case against Duterte will face many challenges before it can achieve its goal.

Though he has yet to formally take his seat as member of the 20th Congress or Senate on July 1, the senator-elect said that he received a copy of the “undated, unnumbered [and] unauthored” draft resolution that is being circulated among incumbent senators.

Lacson said that even if it is eventually adopted in the plenary, it may still be overturned by the Supreme Court.

“It is making the rounds in the Senate so that if it gets enough signatures, it can be debated upon and possibly adopted if it has the support of the majority,” Lacson said in Filipino in a radio interview.

“But this is a resolution that can still be questioned before the Supreme Court. If the Supreme Court rules in favor of the petitioner, it can compel the Senate to continue with the impeachment trial,” he added.

The draft resolution cited, among others, a lapse of more than 100 days since the Articles of Impeachment were transmitted to the Senate, without any corresponding action from the Senate — which is to adjourn June 13.

It also claimed the Senate’s rules prohibit the crossover of the impeachment proceedings to the 20th Congress.

For now, Lacson said the draft resolution cannot even be read on the Senate floor because it has no author. He said it will have to be authored by at least one senator and go through the usual referral to an appropriate committee that will submit a committee report after being signed by the majority of the committee members and finally adopted or approved in plenary.

“Even if majority of senators signed the resolution, it must be formally adopted in plenary. If the signatories change their minds and withdraw support, there is a chance the resolution won’t be adopted,” he said.

“[And even if the resolution is adopted in the Senate], it cannot be deemed final, as it is still possible that someone files a petition with the Supreme Court questioning the resolution, and the Supreme Court compels the Senate to convene into an impeachment court,” he added.

Escudero defends delay

Escudero addressed concerns regarding the delayed impeachment proceedings amid claims from certain Congress members that he is acting out of fear to protect the vice president.

“I think I have proven that in my long service in government, I do not act and make decisions based on fear.” He reiterated the significance of due process when it comes to impeachment, emphasizing that the Senate will uphold its responsibilities contrary to the wishes of the House of Representatives.

When questioned about the apparent dominance of Speaker Martin Romualdez in the impeachment process, Escudero remarked that Congress members seemed accustomed to merely complying with the speaker’s directives. “If they want to be subservient to the wishes of their speaker, that is not our job,” he said, highlighting the Senate’s intent to operate independently and in alignment with the law.

Escudero also addressed speculation regarding a draft resolution circulating on social media that purportedly dismisses the impeachment articles against the vice president.

“There is no such resolution finalized or pending in the Senate at the moment.” He emphasized that any document without a recognized author or formal submission is “just a scrap of paper” until it undergoes the proper legislative process.

As the end of the congressional session approaches, some lawmakers have raised concerns about the tight timeline. However, Escudero reiterated that without an official filing, the Senate would take no action. “If someone files, we will take action, we will debate it and vote on it, but if no one files, we will take no action,” he said.

Looking ahead to June 11, Escudero stated that the Senate would proceed with the legislative process outlined in their rules if no new developments arise. This entails reading the articles of impeachment, convening of the Senate, swearing in of justices and issuing of summons — a clear indication of the procedural steps being followed.

Duterte cites flaws

The vice president, meanwhile, said she believes that her impeachment suffers from jurisdictional issues especially if it moves over from the 19th Congress to the 20th Congress.

In her last press briefing at The Hague in The Netherlands on Tuesday Afternoon (local time) before returning to the Philippines, Duterte said that her impeachment complaint had lapses that could violate the Constitution.

“I did not follow it, but I understand that there are so many procedural lapses in the Constitution,” Duterte said.

She said that she and her lawyers will challenge whether the 20th Congress will be able to conduct a trial that originated in the 19th Congress, a view shared by some legal experts.

However, she vouched for Escudero, whom she described as “fearless” even during his days at the lower house.

Also on Wednesday, the Palace reiterated that it was up to the Senate to decide the fate of the impeachment trial of Duterte amid debates on whether the trial may cross over into the 20th Congress.

In a press conference, Palace Press Officer Claire Castro maintained that President Ferdinand Marcos Jr. would not intervene in the impeachment trial against Duterte.

“The President already said that the impeachment is already in the hands of the Senate and the President will not intervene in the debates,” Castro told reporters.

WITH CATHERINE S. VALENTE AND RED MENDOZA