Sara impeachment trial may not cross into 20th Congress – Sotto

MANILA, Philippines —  Senator-elect Vicente Sotto III, one of the authors of the Senate’s impeachment rules, said conflicting interpretations of Senate rules raise doubts on whether the impeachment trial of Vice President Sara Duterte can continue into the 20th Congress.

He noted that under the Senate rules, any unfinished business – including committee reports and bills – dies after adjournment sine die, scheduled on June 13.

“That’s clear in the Senate rules and consistent with the Constitution,” Sotto said during the Kapihan sa Manila Bay forum yesterday.

However, the Impeachment Rules – derived from the Senate’s general rules – state that once the Senate begins trying an impeachment case, it must proceed “forthwith” and continue until a decision is rendered.

Sotto stressed that interpretations of the conflicting rules vary, with some arguing this could allow the trial to carry over to the 20th Congress, based on the Impeachment Rules, which suggest that once the trial has started, it must be concluded with a verdict.

However, he said some might argue that the Senate impeachment court’s proceedings end on June 13, regardless of whether a verdict is reached or not.

“There are two conflicting rules – Senate rules and Impeachment Rules. The Senate rules are very explicit and emanate from the Constitution. The Senate rule says that any business come adjournment sine die, dies… that’s why committee reports, bills are refiled. These die after sine die of Congress,” Sotto said.

He could not answer whether the Articles of Impeachment could be re-filed and if so, it could possibly mean that the Vice President would be impeached twice in a year – which is prohibited under the Constitution.

Senate President Francis Escudero has formally notified Speaker Martin Romualdez of the schedule of impeachment through a letter dated May 19. The Senate will issue summons and other relevant orders once it sits as an impeachment court on June 3, during which incumbent senators are also set to take oath as senator-judges.

Duterte is facing seven charges, including culpable violation of the Constitution, betrayal of public trust and graft and corruption. The Articles of Impeachment will be read in plenary on June 2.

This could leave the 19th Congress less than two weeks for its proceedings, Sotto said – based on interpretation.

Sotto said the timing issue could affect the validity of the trial, including the composition of the Senate as an impeachment court.

“The 24 members will take their oath as impeachment court but the work of the 12 that will end their term, will end by June 13. And by June 13, they are no longer members of the Senate except the reelectionists,” he said.

He also acknowledged the complexity posed by the entry of 12 new senators after June 30.

Additionally, the trial’s timeline will likely overlap with the end of the 19th Congress, highlighting the need for legal clarity, Sotto added.

Ultimately, this disagreement may require resolution by the Supreme Court, with Sotto calling it “practically a justiciable issue.”

Meanwhile, Sotto also questioned the plan of Sen. Risa Hontiveros to set up an “independent” minority bloc, saying there is only a majority and a minority bloc in the Senate.

“In the 20th Congress, I know there will be a majority and a minority. I don’t foresee what I heard from another colleague about an independent bloc,” Sotto said.

Traditionally, senators who vote for the winning Senate President belong to the majority bloc, while those who do not automatically belong to the minority.

“That is the simple interpretation, nothing more. That (independent bloc) is already their personal interpretation,” he said. – Marc Jayson Cayabyab, Jose Rodel Clapano