‘If VP Sara is impeached, the Senate can try her during recess’
Can the Senate hold the impeachment trial of Vice President Sara Duterte even if Congress adjourns on Feb. 7, 2025?
Sen. Aquilino Pimentel III told the Inquirer Mobile on Thursday that the Senate, acting as an impeachment court, can hold the trial even if Congress has adjourned.
But he stressed that it would also depend on the decision of the senators.
The question arose amid Senate President Pro Tempore Jinggoy Estrada’s statement on Wednesday that there was not enough time for the Senate to do so given the tight legislative calendar.
The Senate and House will adjourn for their Christmas break on Dec. 18 and resume their sessions on Jan.13 next year. Congress will again adjourn on Feb. 7, resume its session on June 2, and go on sine die (final) adjournment on June 13.
Read: Estrada: Not enough time to tackle impeachment bid vs VP Duterte
Civil society groups and the Bagong Alyansang Makabayan (Bayan) have both lodged impeachment complaints against the vice president, who broke ties earlier this year with the unity team she formed with President Ferdinand “Bongbong” Marcos Jr. during the 2022 election campaign.
The two petitions, which have been endorsed by Akbayan and Makabayan lawmakers, are likely to be consolidated.
The House leadership led by Speaker Martin Romualdez has a total of 10 session days to act on the impeachment complaints. Still, former Sen. Leila de Lima, spokesperson for the first impeachment petition, said that the House should not maximize that period.
De Lima said that the House also has the option to file its own resolution of impeachment with the approval of one-third of its members, which can expedite Duterte’s trial by the Senate.
Read: House can expedite VP Sara impeachment process – De Lima
Legislative calendar vs impeachment calendar
Even with Congress in adjournment, Pimentel said that the Senate can hold an impeachment trial.
“The legislative calendar is different from the impeachment trial calendar. That’s all I can say,” said Pimentel, a former Senate president.
Asked if the Senate could hold the impeachment sessions should the House transmit the articles of impeachment after Feb.7, Pimentel said: “The Senate can do that but that depends on the Senate.”
“If the Senate would rather enjoy a vacation break than holding an impeachment trial, then the Senate should explain that kind of decision to the People,” he said, adding:
“But of course, I know that this particular Senate will do the right thing when the time comes.”
The Inquirer Mobile sought Pimentel’s opinion after being told by a Senate source, who spoke on condition of anonymity, that Senate President Francis Escudero had the same opinion.
“The session of the impeachment court is different from the session of the Senate,” said the source, who added that there might be the possibility of holding an impeachment trial, and thus, senators will have to resolve the issue once the articles of impeachment against Duterte reach the upper chamber.
