Escudero: House must speak thru pleading to impeachment court

Senate President and presiding officer Francis Escudero. (Photo: Senate of the Philippines/Facebook)

By Wilnard Bacelonia, Philippine News Agency

MANILA – Senate President Francis Escudero on Monday reminded the House of Representatives to respond formally and in unison after the Senate, sitting as an impeachment court returned the articles of impeachment against Vice President Sara Duterte and asked the House to comply with specific procedural requirements.

The Senate impeachment court recently voted to remand the articles of impeachment and directed the House to submit a certification that the complaint did not violate the one-year ban on impeachment, as well as a formal manifestation from the 20th Congress affirming its interest to pursue the case.

“Okay lang pero hindi siya pwedeng magsalita sa ngalan ng lahat hangga’t wala kaming natatanggap na pleading (That’s fine, but he cannot speak for everyone unless we receive a formal pleading),” Escudero said in response to House impeachment prosecutor Rep. Arnand Panaligan’s comment that the court’s order was unclear.

Escudero stressed that official communication should be done through a singular, collective filing.

“Uulitin ko, alam kong political process ito pero hindi na ito madadala sa mga interview, press release, at saka social media post. Kung anuman ang ninanais ng Kamara, dapat sila ay magsalita in one voice, in unison, sa pamamagitan ng isang pleading na isa-submit sa impeachment court (Let me repeat, I know this is a political process, but this can no longer be handled through interviews, press releases, or social media posts. Whatever the House wants to pursue, they must speak in one voice, in unison, through a pleading submitted to the impeachment court),” he said.

“Hindi pwedeng paisa-isa silang sasagot at magpapa-interview na lamang at ‘yun yung sasagutin namin paisa-isa din (They can’t be responding one by one through interviews, expecting us to respond to each of them individually as well). We will only answer if at all, any formal communication submitted through a pleading by the House prosecution panel representing the House of Representatives.”

When asked whether failure to comply would be considered defiance, Escudero said it would be up to the House.

He explained that the presiding officer is expected to reconvene the impeachment court in the 20th Congress once the House and the respondent—Vice President Duterte—have submitted their respective responses.

“Nasa sa kanila ‘yun pero nakalagay sa isang verbal or oral order bago kami nag-adjourn ay mag-i-schedule ang presiding officer, kung sinuman ‘yun, ng impeachment court sa 20th Congress kapag nakapag-comply na ang Kamara at sa panig naman ng nasasakdal, ang defendant or respondent dito sa kasong ito sa pamamagitan ng pagsusumite ng answer doon sa summons (That’s up to them, but the presiding officer will schedule proceedings once the House complies and the respondent answers the summons),” he said.

Escudero also said the impeachment court has the authority to cite parties in contempt, but emphasized the legal differences between the House and the respondent.

“Kasama ‘yan sa power ng impeachment court dahil nga suppletorily applicable ang Rules of Court subalit magkaiba. Sa parte ng nasasakdal, meron siyang option na hindi sumagot and may procedure din kung saka-sakaling gawin niya ‘yun (That’s within the court’s power under the Rules of Court, but the scenarios are different. The respondent can opt not to answer, and there’s a procedure for that),” he noted.

“Kung hindi siya sumagot, magpapatuloy ang pagdinig, mage-enter lamang ng plea of not guilty sa ngalan niya kung saka-sakali dahil ang posisyon ng kanyang mga abogado nitong mga nagdaang buwan ay aantayin daw nila ang desisyon ng Korte Suprema kaugnay sa kasong finile nila. Hindi ko alam kung kailan ilalabas ‘yun ng korte (If she doesn’t respond, the hearing will proceed and a plea of not guilty will be entered on her behalf. Her lawyers have said they intend to wait for the Supreme Court’s decision on the case they filed. I don’t know when that will come out).”

The Senate impeachment court is expected to determine in the 20th Congress whether sanctions will be imposed on the House of Representatives for failing to comply with its order.

However, Escudero said that House leaders will first be required to explain their non-compliance.