Senate’s Bold Move: Can Act on Impeachment Without Presidential Nod, Says Pimentel

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In a striking declaration, Senate Minority Leader Aquilino Pimentel III has asserted that the Senate possesses the legal authority to proceed with an impeachment complaint independently, without the need for a special session initiated by the President. During his speech at the Kapihan sa Senado forum, Pimentel emphasized that the Senate’s ability to act on impeachment is firmly rooted in both the Constitution and its own rules, allowing it to convene and process impeachment articles on its own accord.

Pimentel praised Senate President Francis Escudero for his cautious approach but pointed out that Escudero’s view that only the President can call a special session does not apply to impeachment proceedings. After thorough legal analysis, Pimentel concluded that the Senate has a robust legal foundation to handle impeachment complaints without external intervention.

He clarified that when the Senate acts as an impeachment court, it does not require the same type of special session that involves both houses of Congress and can only be called by the President. Pimentel stressed that the House of Representatives has already done its part by sending the impeachment articles to the Senate, thus eliminating the need for further involvement from the House.

Pimentel urged the Senate to act promptly as required by the Constitution, arguing that the Senate’s duties should not be dependent on actions from outside figures, including the President. He questioned the logic of the Senate’s obligations being contingent on someone external to the Senate, emphasizing that it is the Senate’s responsibility to fulfill its constitutional duties.

While acknowledging that only the Senate President can officially call a session, Pimentel suggested that public pressure could influence the Senate’s leadership to act quickly. He believes that the public’s understanding of the Constitution could push the Senate to move forward with the impeachment process without delay.

These comments come at a time when there is ongoing debate about the correct constitutional procedure for handling impeachment and whether the Senate should wait for the President’s action before proceeding. Pimentel has recently written to Senate President Escudero, urging him to start the impeachment trial of Vice President Sara Duterte immediately, citing the constitutional mandate that the Senate should proceed ‘forthwith’ upon receiving impeachment articles from the House.