A special session may be needed only if the Senate still has to elect a clerk of court or designate a different presiding officer for the impeachment trial of Vice President Sara Duterte, according to the House prosecution panel.
The clarification was made after earlier remarks raised the possibility of a special session in connection with the Senate impeachment court. The panel said the issue is procedural and does not affect the obligation to proceed with the trial.
“I remember in the past interviews, I made mention about calling a special session. This is with respect to the option of electing a presiding officer other than Acting SP Win Gatchalian,” lead prosecutor Gerville Luistro said.
She said the proceedings may still move forward if the Senate secretary general is allowed to perform the functions of clerk of court, particularly in issuing official notices related to the trial.
“Nonetheless, I made mention before the special session, that is only if they will be considering to elect a presiding officer other than Acting SP Win Gatchalian. Otherwise, I think we can proceed if the problem is only the notices because the Clerk of Court can actually issue that,” Luistro said.
She again expressed confidence in the current acting Senate leadership, saying the impeachment court can be competently presided over even by a non-lawyer.
“Bagaman I wish to express my faith and confidence to Acting SP Win, alam ko napakarunong niya, napakasipag niya because I’ve seen him work for the past years already, very diligent siya sa trabaho. And I believe even if he is a non-lawyer, he can competently preside the impeachment court,” she said.
The prosecution panel said the need for a special session would depend on whether the Senate chooses to name another presiding officer or formally elect a clerk of court.
“If my recollection is correct, mukhang during the election of the new leadership, walang na-elect na Clerk of Court. So if ever special session is necessary before the start of this impeachment trial, perhaps it will be for the purpose of electing the Clerk of Court,” she noted.
She said the panel will seek clarification from the Senate on whether the secretary general may automatically assume the clerk’s duties if no separate election has been held.
“I am not sure din if there is a rule that the Secretary General can automatically assume the position of the Clerk of Court in the absence of election. But we will be inquiring this concern as well with the Senate,” she said.
Even with the issue pending, the panel said the trial can proceed if the Senate leadership takes the position that the secretary general may perform the clerk’s functions and issue the necessary notices.
“Since we have the Acting SP, and the notices can be issued by the Clerk of Court, if the new leadership is aligned to the position that Senate Secretaries may assume the position of the Clerk of Court, I think can proceed,” Luistro said.