Senate cannot act on impeachment during recess, says Chiz

Senate President Francis Escudero on Wednesday reminded the House of Representatives that the Senate cannot take up an impeachment complaint while Congress is on break, as doing so would be illegal. 

Escudero made the clarification following House Minority Leader Marcelino Libanan’s assertion that the Senate could proceed with the impeachment trial even during Congress’ recess. 

“We haven’t responded to the letter. We will answer it formally,” Escudero said during the Kapihan sa Manila Bay forum, referring to the House prosecution panel’s formal request. 

He emphasized the legal distinction between legislative sessions and recess, explaining that the Articles of Impeachment can only be discussed when Congress is in session. The impeachment court can only be convened after senators have been sworn in as members. 

Escudero also rejected claims that the Senate must act “forthwith,” clarifying that the term does not imply immediate action. 

“Forthwith was decided upon by US authorities to mean reasonable time, hindi (not) immediately. Forthwith was discussed by the late former senator (Miriam Defensor) Santiago… it does not mean immediately as well, it is to be determined by the circumstances,” he explained. 

He cited past impeachment cases, including those of former Chief Justice Renato Corona and former Ombudsman Merceditas Gutierrez, as precedents where the Senate waited until session resumed before proceeding. 

When asked whether a dialogue between the Senate and the House could resolve the issue, Escudero dismissed the idea. 

“Now that the case has been filed, it would be unfair for me or the Senate or anyone from the Senate to sit only with the House,” he said. 

He reiterated that while the Senate remains open to debate, its decisions will be guided by law, not public pressure.