February 26, 2025

Marcos won’t call for special session for VP impeachment trial, PCO says

February 25, 2025
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Marcos won’t call for special session for VP impeachment trial, PCO says

PHILIPPINE President Ferdinand R. Marcos, Jr. won’t call on the Senate to hold a special session for the impeachment trial of Vice-President (VP) Sara Duterte-Carpio, the Presidential Communications Office (PCO) said on Tuesday.

At news briefing, PCO Undersecretary Claire B. Castro said calling for the session would put the President in an “awkward position considering ongoing intrigues” surrounding his political rift with the Duterte clan.

“It is better for Senate to request from the President considering that even the President made this pronouncement, that if the Senate will ask him to call for the special session, he will do so,” she said.

The House of Representatives on Feb. 5 impeached the Vice-President for alleged abuse of power and constitutional violations stemming from her use of confidential funds, paving the way for her trial by the Senate.

The impeachment complaint against Ms. Duterte, daughter of former President Rodrigo R. Duterte, was filed and signed by 215 congressmen, more than the one-third legal requirement before it can be sent to the Senate, which will try her as an impeachment court. Under the 1987 Constitution, several congressmen will be serving as impeachment prosecutors.

The ouster charges consisted of seven articles of impeachment, including allegations of plotting the assassination of the President, misusing secret funds, amassing unexplained wealth and committing acts of destabilization.

Senate President Francis “Chiz” G. Escudero said on Tuesday the impeachment trial of Ms. Duterte may be over before the October recess.

“The trial will not last more than three months or two months, so by the time we recess in October 2025, it will be over and will be ready to be voted on,” Mr. Escudero said in livestreamed news briefing in Sorsogon.

He added that any action taken by the Senate must happen during an open session, like the reading of charges and the approval of trial rules and must await session resumption.

Congress went on a four-month break starting Feb. 5 for the 2025 midterm elections.

It reconvenes for a two-week session on June 2, during which the Senate will begin deliberation on the updates of impeachment rules and pre-trial preparations, he said.

“We debated that at length. Although we want to update the rules, we can’t do everything we want to do because there are already cases filed,” he said. “I don’t want the Senate to be accused of changing the rules in the middle of the game. The (Vice-President) might say that the rules were changed just for her.”

“Let’s not give anyone a reason to challenge this in court,” he added.

He said that the Senate would only “refine procedures for future impeachment complaints,” without affecting the ongoing cases against Ms. Duterte.

Mr. Escudero added that once the updated rules are approved, he would then authorize to issue summons to Vice-President.

Earlier, the Senate President said that the impeachment proceedings of Ms. Duterte is expected to start after the fourth State of the Nation Address of the President or when the 20th congress starts.

“First day would be July 29, where 12 new senators would be sworn in. We will be able to resume the impeachment court on July 29 or possibly July 30 for the reception of the presentation of evidence,” he said.

Mr. Escudero had previously said that there is no reason to call for a special session in congress as it does not meet the requirements of the 1987 constitution.

Congress can only hold a special session for the passing of urgent legislation, the voting of a new Vice-President in case of removal or incapacitation, or if the President becomes incapacitated by a majority vote of the Cabinet.

It can also hold special sessions to canvass the votes and proclaim the President and Vice-President after an election, or when martial law is declared, and the writ of habeas corpus is suspended.

NOT NEEDED
A House prosecutor on Tuesday asserted that a special session is not necessary for the Senate to convene as an impeachment court.

“We don’t need a special session because the Constitution is clear that trial shall forthwith proceed. For us, the Senate is already the impeachment court even if it is on recess,” San Juan Rep. Ysabel Maria J. Zamora, a member of the 11-man House prosecution panel, said in a statement.

She noted it is only “right” for the President not to intervene, citing the separation of powers among the branches of the government.

Also on Tuesday, the Supreme Court (SC) ordered both chambers of Congress to comment on a petition filed by Ms. Duterte, asking the tribunal to block her impeachment trial.

“The SC required respondents House of Representatives, its Secretary General Reginald S. Velasco, and the Senate to comment on the petition and prayer for TRO within a non-extendible period of 10 days from notice,” Spokesperson Camille Sue Mae L. Ting said in a news briefing on Tuesday.

The High Court acted on Ms. Duterte’s petition filed on Feb. 18, asking the tribunal to block her impending impeachment trial slated in June.

Ms. Duterte also asked the High Court for a temporary restraining order as she alleged Congress violated the One-Year Bar provision in the Constitution.

This provision states that no impeachment proceedings shall be initiated against the same official more than once within a period of one year.

House Assistant Majority Leader and Party-list Rep. Raul Angelo D. Bongalon said the House has not yet received a copy of the petition challenging the impeachment proceedings.

“We have not yet received a copy of the order, but definitely we will comply. We are confident that the Supreme Court will not intervene,” Mr. Bongalon, also a member of the House prosecution panel, said in a statement.

UNINTENDED BENEFICIARY
Meanwhile, law professor Howard M. Calleja said China is the “unintended beneficiary” of Mr. Escudero’s blockade of Ms. Duterte’s impeachment trial.

In a statement on Tuesday, Mr. Calleja said any delay in Ms. Duterte’s impeachment protects her and weakens the administration’s political position against the Duterte family.

The Marcos administration and the Duterte family, once a formidable alliance, have been at odds since Ms. Duterte allegedly threatened the lives of Mr. Marcos, the first lady, and House Speaker Ferdinand Martin G. Romualdez.

Mr. Calleja accused Mr. Escudero of having his own reasons “for risking too much, including driving a wedge between himself and the Marcos administration, which could cost him his post.”

“Escudero immediately adjourned the Senate an hour from receiving the complaint and although it still had up to Feb. 7 in its legislative calendar,” the law professor alleged. — John Victor D. Ordoñez, Adrian H. Halili, and Chloe Mari A. Hufana

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