A lawmaker leading the charge in the impeachment complaint against Vice President Sara Duterte has confirmed that the Senate has the power to convene an impeachment court even when Congress is on recess.
Senate Can Convene Even When on Break
Representative Raul Angelo Bongalon from the Ako Bicol Party-list, a key prosecutor in the impeachment case, explained that no special conditions are needed for the Senate to start the impeachment trial.
“The Constitution mandates that the trial should proceed. Being in recess does not mean the Senate cannot function as an impeachment court,” Bongalon said in an online interview.
Congress adjourned on February 7, 2025, and is set to resume on June 2, 2025. However, Bongalon stressed that the Senate can still hold a special session if the majority of senators agree.
Representative Jude Acidre of Tingog Party-list, another supporter of the impeachment complaint, agreed. He pointed out that the Constitution itself mandates that the Senate must act immediately when an impeachment complaint is sent from the House.
“No special session is needed. The Constitution is clear, and there are no conditions that prevent the Senate from convening,” Acidre emphasized.
Other Cases When Congress Can Convene Without a Special Session
Acidre noted that this is not the first time Congress has been required to meet without a formal call. He cited the confirmation of a martial law declaration as another situation where lawmakers must act without waiting for a special session.
Questioning the Senate’s Stance
Acidre raised concerns about the Senate’s hesitation to proceed with the impeachment trial.
“If we follow the logic that the Senate cannot act because it is in recess, does that mean public officials are also not accountable when Congress is on break?” Acidre asked.
He further questioned whether the Senate would fulfill its duty or delay the process.
Urgency of the Impeachment Trial
Bongalon stressed that time is crucial in this case. The House impeachment panel is already preparing for the trial, and delaying it until after the State of the Nation Address (SONA) in July 2025 would interfere with legislative priorities.
“We should start now and finish before the 19th Congress ends on June 30, 2025. There is enough time,” Bongalon said.
Legal Experts Weigh In
Senate Minority Leader Aquilino ‘Koko’ Pimentel has urged the Senate to convene the impeachment court immediately. Similarly, Rene Sarmiento, a member of the 1986 Constitutional Commission, affirmed that the Senate must comply with the Constitution’s supremacy over any Senate rules.
“All laws, rules, and contracts must follow the Constitution. The Senate must proceed with the trial as mandated,” Sarmiento stated.
Is the Senate Waiting for Another People Power Protest?
Senate President Francis Escudero previously questioned whether there was a strong public demand for an impeachment trial. In response, Acidre highlighted that 240 House members signed the impeachment complaint, representing a significant portion of the Philippine population.
“The first three impeachment complaints were signed by civil society and government figures. What more clamor are they waiting for? Are they expecting another EDSA People Power revolt or a mass rally before taking action?” Acidre asked.
Bongalon added that public demonstrations should not be the Senate’s basis for action.
“Whether or not there is a public outcry, the Constitution mandates the Senate to convene the impeachment trial,” Bongalon said.
The Impeachment Complaint Against VP Duterte
The impeachment complaint against Vice President Sara Duterte includes seven charges:
- Plotting to assassinate President Ferdinand Marcos Jr., First Lady Liza Marcos, and Speaker Martin Romualdez.
- Misuse of P612.5 million in confidential funds with questionable documents.
- Bribery and corruption during her time at the Department of Education (DepEd), including illegal payments to officials.
- Unexplained wealth, with assets quadrupling from 2007 to 2017 without proper disclosure.
- Involvement in extrajudicial killings in Davao City.
- Efforts to destabilize the government, including boycotting SONA, leading protests, obstructing investigations, and threatening government officials.
- General misconduct as Vice President.
Bongalon concluded that the ball is now in the Senate’s court.
“Once the House files an impeachment case backed by one-third of its members, the Senate must act. The law is clear, and delays should not be an option.”
What’s Next?
All eyes are now on the Senate’s next move—will they immediately convene as an impeachment court or delay the proceedings? The outcome could set a precedent for future impeachment cases in the Philippines.
