The House of Representatives made history by impeaching Vice President Sara Duterte, but the timing of the move raises key legal questions.
The Senate, which serves as the impeachment court, has already gone on break and will not resume plenary sessions until June 2, after the midterm elections.
Can Senate act during recess?
Senate President Francis Escudero clarified that the impeachment trial cannot proceed during the break due to legal constraints.
“Legally, it cannot be done. The impeachment court was not convened, and the impeachment complaint was not referred to plenary,” Escudero explained in a press briefing on February 8.
To act on the impeachment case before June, the Senate would have needed to take it up in a plenary session before adjournment.
However, with a packed legislative agenda, this was not possible before the Senate closed its final session on February 5—the same day the House voted to impeach Duterte.
Preparations
Although a trial cannot take place yet, preparations can continue during the break.
Escudero said his office would focus on procedural matters, including reviewing and updating Senate impeachment rules, which have remained unchanged since the 2011 impeachment trial of former Chief Justice Renato Corona.
The Senate will also verify the 215 signatures from House lawmakers who backed the impeachment.
While electronic signatures are valid for most legislative processes, impeachment complaints require verification under oath.
Senate staff will check the signatures using secure verification methods.
Escudero assured that as long as the complaint retains at least one-third of House members’ signatures, the impeachment will remain valid.
Special session?
One possibility is for President Ferdinand “Bongbong” Marcos Jr. to call a special session to address the impeachment case before June.
However, Escudero noted that special sessions are typically reserved for urgent legislative matters rather than impeachment.
Marcos stated that he would consider a special session if requested by senators. “If the senators ask for it, yes,” Marcos said in a press briefing. This effectively puts the decision in Escudero’s hands.
If a special session is convened, the Senate could begin impeachment discussions sooner, but approval from the chamber would still be required to proceed.
Extraordinary case
Senate Minority Leader Aquilino Pimentel III called Duterte’s impeachment an “extraordinary situation” and suggested that the Senate could suspend its rules with unanimous approval, similar to adjustments made during the Corona trial.
Escudero reiterated that the Senate remains impartial and will uphold constitutional due process, whether for or against Duterte’s removal.
“This is a constitutional and legal process designed to hold high officials accountable for their actions or inactions,” Escudero stated. “We will do our job fairly and in accordance with the law.”
As the impeachment process unfolds, the Senate’s next steps—whether during recess or upon resumption in June—will determine the course of this unprecedented political trial.
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