Senate as Impeachment Court

Ten days ago, Feb. 5, at around 5:50 p.m., minutes before session adjourned, the Senate formally received the Articles of Impeachment against Vice President Inday Sara Duterte from the House of Representatives. Feb. 5, for the information of our dear readers, was the last day of session for both houses of Congress.

- HARRY ROQUE

My UP schoolmate since high school Senate President Francis Escudero discounted any impeachment proceedings while Congress is on recess from Feb. 6 to June 1, 2025.

Meanwhile, PBBM expressed his openness to call for a special session. SP Escudero, however, said there is no urgency for a special session. I have expressed my humble opinion on the matter. The President cannot call for a special session just so the Senate can sit as an impeachment court. Special sessions of Congress are intended only for legislative purposes. The Senate sitting as an impeachment court is not legislative in character. It is sui generis. The impeachment trial can only proceed when the senators have taken their oath as judges. This can only happen after the break on June 2 when there is plenary.

Impeachment rules, SP Escudero added, would be approved on June 2, but with required publication and response periods, the process could be extended until June 30 when the terms of the 23 senators expire.

All the signatures of the members of the House of Representatives have to be verified as "wet signatures," meaning they are all handwritten, signed in front of the House Secretary-General. Electronic signatures or signatures that have been forwarded are not valid in impeachment complaints.