‘Edsa forthwith’ fizzles out

Before both chambers of the 19th Congress adjourned sine die last week, the Senate started the impeachment proceedings against Vice President Sara Duterte, albeit belatedly. Of course, Senate President Francis “Chiz” Escudero and like-minded senators will throw the blame to their counterparts in the House of Representatives for having caused the delay in the first place.

The debate will go as far back as December last year when the first three impeachment cases against VP Sara were filed one after the other. But none of the three complaints reached the office of the Speaker of the House. Instead, a fourth impeachment complaint was approved in plenary by the House. It was immediately transmitted to the Senate secretariat at the closing hours of sessions on Feb. 5. The Senate, for reasons still unclear up to now, did not even bother to acknowledge official receipt of the seven Articles of Impeachment.

Originally, Escudero promised to take up the impeachment complaint upon resumption of sessions last June 2. Subsequently, Escudero announced the Senate would take up the impeachment on June 11 instead. The Senate chief justified the new date, citing the need to pass into law pending urgent bills in the remaining two weeks of session.

After heated debates at the floor, the senators agreed to move forward on the impeachment proceedings. But not after bitter exchanges of words, one of which nearly erupted into a fist fight. So on the last hours of the third and final regular session, the Senate convened as an impeachment court with Escudero first taking his oath as presiding officer.

The next day, it was the turn of the rest of the senator-judges to take their oaths before Escudero. Effectively, the 19th Congress officially acquired jurisdiction over the impeachment case, with the 23 members of the Senate led by Escudero sitting as senator-judges and the 11-man panel from the Lower House as prosecutors.

While their colleagues donned their ceremonial robes as senator-judges, presidential sister Sen. Imee Marcos, along with neophyte Sen. Robinhood Padilla and outgoing Sen. Cynthia Villar did not suit up for the occasion. More than a wardrobe malfunction, it was a political statement of their vehement objection to proceeding with the impeachment of VP Sara.

The impeachment proceedings are clearly stated in the Rules of the Senate all the way to the basic law of the land, our 1987 Constitution. Naturally, however, if we have 100 lawyers in the room, we get 101 legal opinions. It goes without saying they interpret the laws to best suit their own arguments. No wonder there are a lot of mis-understandings and confusion. Worse, even non-lawyers give their own opinion, with conviction to boot.

There are only five senators who are really lawyers. Aside from Escudero, the other lawyers are Senate minority leader Aquilino “Koko” Pimentel III who is a Bar topnotcher; Senate majority leader Francis “Tol” Tolentino who has three law degrees completed in the United States; the brother-and-sister team of Senators Alan Peter and Pia Cayetano, who both did actual law practice before they became politicians.

While referred to as a court – because it follows judicial proceedings – an impeachment proceeding is a political process where the senator-judges act like lawyers even if they’re not. Thus, we see and hear senator allies of VP Sara obviously trying to protect her from those attempting to pin down the accused official. The impeachment court operates on a political numbers game. It’s not about justice.

Prefacing his privilege speech being “not a lawyer,” Sen. Ronald “Bato” dela Rosa did what was before thought of as an unthinkable move. A staunch Duterte ally, Dela Rosa moved for the dismissal of the impeachment complaint on the same grounds of constitutional infirmities cited before the Supreme Court (SC) by the lawyers of VP Sara. To further complicate things, Tolentino formalized his proposed impeachment trial schedule under the 19th Congress, citing it cannot “cross over” to the next Congress.

Cayetano offered a legal and constitutional remedy to get them out of such quandary. It might not be a Solomonic solution but it was good enough for Escudero, as the presiding officer, to decide the Cayetano formula by voting. On 18 in favor and only five senators voting “no,” the impeachment complaint was “remanded” or “returned” to the House, but not dismissing it.

The five “no” votes were cast by Sen. Koko and Senate deputy minority leader Risa Hontiveros, Senators Grace Poe, Sherwin Gatchalian and Nancy Binay. Senators Koko, Grace and Nancy are all ending their second and last term at the Senate on June 30 this year. Gatchalian and Hontiveros still have three years, crossing over to the next Congress.

At the end of the day, both those in favor and against the impeachment of VP Sara grudgingly agreed to the Solomonic solution. Escudero issued a Resolution Order to the Lower House to certify to the validity of the fourth impeachment complaint and to commit to pursuing the same impeachment complaint in the 20th Congress. And for the camp of VP Sara to reply to the Articles of Impeachment.

So for all intents and purposes, the impeachment of VP Sara is taking place already.

Despite this, there are still many legal and constitutional questions being raised from all quarters. But the mandated impeachment processes are grinding and rolling nonetheless. It’s happening even while there are pending petitions to stop the impeachment of VP Sara for its alleged constitutional infirmities.

As of this writing, the 15-man High Court has not acted one way or the other on these petitions. The lawyers of VP Sara have already filed and entered their appearances before the Senate impeachment court. The House has yet to submit their formal written compliance on certification.

The pro-impeachment groups ganged up on Escudero for not complying with the constitutional mandate “to start forthwith” the impeachment. A little over a thousand of them even held a three-day vigil at the Senate grounds, claiming another EDSA people power move. Dubbed as “EDSA forthwith,” it has fizzled out for now. Until it sizzles again later.