Killing Accountability: A Constitutional Betrayal

Senate President Chiz Escudero states that the impeachment court is scheduled to convene tomorrow Wednesday , June 11 under the 19th Congress, subject to any decisions made by the majority. “That is my plan and aligns with the Senate schedule, but everything , whether motions or any actions will be decided by the plenary”, he said. This is the latest declaration of Escudero in the face of mounting public outcry.

In an earlier column, I mentioned that when the House of Representatives impeached VP Sara on February 5, the Senate did not immediately convene as an impeachment court although Congress still had two remaining session days. Earlier, both the Senate and the House of Representatives signed and agreed on the schedule that sessions to end on February 7. But mysteriously, Escudero did not act forthwith, and adjourned the Senate on the same day the impeachment was transmitted, that is February 5. Four months have since passed and now he is promising that the Senate impeachment court will convene tomorrow, subject to motions or any actions from the plenary. What will happen?

Several senators are calling for an all-member caucus to discuss the schedule of the Senate in the remaining three days. This includes discussion on the impeachment trial of VP Sara in the face of varying opinions in media. SP Escudero is against the caucus because he allegedly wants everything to be discussed openly in the plenary debates. “We only conduct a caucus if there’s anything that the public doesn’t need to hear. I believe that regarding this matter, everything should be heard by the public and every decision must be put to a vote, so it be on record”, he said. This means he wants the outgoing senators to make public their vote on the convening of impeachment trial or the kill impeachment resolution. This is a bold move, where the public would know which senators are this side and the other side. Will the senators expose themselves? (Is Escudero afraid of a caucus because he might be replaced?)

So tomorrow, is the day of reckoning, our senators will vote on the “Kill impeachment resolution” of Senator Robin Padilla or the convening of the impeachment trial called for by the Constitution?

If most of the senators kill the impeachment thru the Padilla resolution, in a plenary vote tomorrow, it could lead to public discontent and accusations of shielding the Vice President Sara from accountability. Many citizens perceive this as a lack of transparency and a reluctance to uphold the principles of justice, leading to protests and a decline in trust in public officials.
Moreover, a dismissal by mere resolution would be a grave violation of the Constitution as propounded by former Associate Justice and 1987 Constitution framer Adolf Azcuna and subject to question before the Supreme court or by the incoming Senate.

It must be emphasized that killing the impeachment trial could trigger an undetermined public backlash which could be like the “second envelope” situation during Erap’s impeachment. Today, the academe, prominent law schools, progressives and universities are already speaking out and threatening massive rallies.

On the other hand, if they decide to convene the impeachment trial, it could set a precedent for holding high-ranking officials accountable, potentially altering the political landscape.
And being a constitutional duty, the trial will cross into the incoming 20th Congress, where culpable violations of the Constitution will be discussed in full public awareness.

Now , which side will the outgoing Senators of the 19th Congress go? Either way, it will have significant implications for the public’s trust in the legislative process and the credibility of the Senate.

Honestly, I understand why senators protecting VP Sara are trying to kill the House impeachment thru a Senate resolution. If the trial proceeds, vicious multi-media attack against VP Sara will be resurrected. This is like last year’s hype on traditional and social media on her the mishandling of the DEPED and VP’s confidential fund, the piattos controversy, the assassination meltdown, her connection to the Davao killings being probed by the ICC and many others. The trial will expose and shred all her problems in accountability, crushing whatever political credibility she still has. And expectedly, her popularity and approval ratings will further decline.

There is also a great possibility that she will be removed as a member of the Bar, as her publicized assassination threats against Marcos jr et al are now being pursued by the NBI and DOJ. Her actions run counter to lawyers’ oath to first exhaust all legal remedies against their adversaries and not resort to kill or threaten to kill them.

During the trial, a doomsday battle will be raging in social media, between keyboard warriors from the formidable DDS bloggers against the yellow/pinklawans, the progressives, and pro-government functionaries.

If we look at public sentiment of VP Sara’s impeachment trial, results of private research surveys by SWS, Pulse Asia and OCTA research are even more confusing. With their disastrous forecast record of the recent senatorial elections, their opinions are taken lightly. But let’s look at it.

In its May 2-6 survey, SWS says 68 percent of respondents VP Sara should definitely face the trial while 20 percent said she should probably face allegations while only 7 percent said she should not. Pulse Asia on its May 6-9 survey says 50 percent of respondents disagreed with the filing of the impeachment complaint in the Senate. 36 percent strongly disagreed while 14 percent somewhat disagreed. Only 28 percent agreed while 21 percent are undecided.
OCTA Research released yesterday its April 20-24 survey saying 78 percent of Filipinos says she should face the impeachment trial and clear her name. Only 13 percent disagreed and 9 percent were undecided.

Indeed there is a growing public demand for accountability and the people are supporting the holding of the impeachment trial as part of due process where VP Sara can confronting her accusers and explain her side. This way, even after the Senate verdict, it will be the public who will determine finally if she is cleared or not.

But granting that the impeachment trial is finished, and VP Sara is acquitted by the Senate impeachment court, thru a vote of most senators, then we should see her as the next President in 2028. By clearing her name against all allegations, the people will rally behind her.

But if she is found guilty in the allegations of culpable violation of the Constitution, betrayal of public trust, graft and corruption and other high crimes including bribery and murder, she will be permanently barred from running in public office in the future or put it bluntly out of the 2028 presidential race. (So even if something unfortunate happens to ex-Pres. Duterte while in the ICC prison, she cannot repeat Pnoy’s or Tita Cory’s ascendance to Malacañang)

And then, her replacement will be from a member of Congress, either a Senator or a representative to be chosen by President Marcos Jr. But this will have to approved and endorsed by 154 out 306 members of the House of Representatives and 12 votes from the 24-man Senate.

But in the coming of impeachment trial or non-impeachment, a series of constitutional crises are already threatening. The bad blood between the Senate and the House of Representatives regarding the impeachment issues and delay are boiling. Currently, SP Escudero is in danger of being replaced anytime. In the House of Representatives, Speaker Martin Romualdez is supported by 285 newly elected congressmen and party list representatives.

The first crisis would be a deadlocked legislature that pits the kill-impeachment senators against the House of Representatives who passed and endorsed to them the impeachment complaint. These puts an end to all the previous quid pro quo arrangements of both Senators and Congressmen, e.g., “pork barrel insertions”, access to ayuda programs- AICS, TUPAD, AKAP and their special pet projects in different departments under the proposed national budgets.

The second crisis would be President Marcos Jr. becoming a “lame duck president” in the remaining three years of this administration. The fighting Senators and Congressmen will fight it out on every government program and therefore seriously amputate or kill the President’s legislative agenda.

In conclusion, tomorrow, the Senate must rise to the occasion, fulfill its constitutional duty, and prioritize the people’s interests over political maneuvering. The time for accountability is now, and the actions taken in the coming days will resonate far beyond the walls of the Senate chamber. The future of Philippine democracy hangs in the balance, and it is incumbent upon our leaders both from the Senate and House to act with integrity and courage.