Senate Impeachment Court Rejects Early Swearing-In Call
MANILA, Philippines — The Senate impeachment court has dismissed calls for the early swearing-in of newly elected senators as judges in the Vice President Sara Duterte impeachment trial. This decision comes despite the key push for an expedited process as the 20th Congress began on June 30.
Senator Risa Hontiveros previously advocated for the early oath-taking of new senator-judges, emphasizing the urgency of the impeachment proceedings. However, the Senate impeachment court stressed that the early swearing-in call depends heavily on the election of a presiding officer, specifically the Senate President.
Presiding Officer’s Role in the Early Swearing-In Call
Impeachment court spokesperson Atty. Reginald Tongol explained in a press briefing that the senator-judges must take their oath before the presiding officer. Since the new Congress has just begun, the Senate President has yet to be elected or re-elected, making it premature to proceed with the swearing-in.
He noted, “When one Congress ends and another begins, the Senate President has to be chosen first. We need to know before whom the senator-judges will take their oath.” The impeachment court convened on June 10, a day before the 19th Congress adjourned sine die, marking the first time in Philippine history that an impeachment process crosses over to a new Congress.
Legal Concerns and Prudence in Proceeding
Although the impeachment court can continue the trial in the 20th Congress, Tongol raised concerns about potential legal challenges. These could arise if senator-judges take their oath before the new Senate President’s election or in the case of Senator Escudero’s reelection.
“The presiding officer wants to avoid any questions about the oath-taking process that might cause legal impediments later,” Tongol said. He emphasized the need for prudence, stating the oath-taking should only occur after the Senate President, who will preside over the impeachment court in the 20th Congress, has been formally elected.
Tongol also clarified that the current Senate President, Escudero, remains the presiding officer in a holdover capacity until the new Senate President is chosen. “Since there has been no official election yet, he continues as Senate President on a holdover basis,” he added.
Awaiting House Compliance Before Further Action
Moreover, Tongol pointed out that even if the new senator-judges were sworn in early, the impeachment court still awaits the new House of Representatives’ compliance with court orders before proceeding further.
On June 10, upon returning the Articles of Impeachment against Vice President Duterte, the Senate impeachment court directed the House to certify that it did not violate the one-year ban on filing impeachment complaints. The House was also asked to confirm its intention to pursue the case.
So far, the House has complied with the first requirement, signaling progress but also the need for continued coordination between the chambers.
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