What’s the Philippine Senate Drama All About?

The Congress of the Philippines has already adjourned its sessions, but senators continue to squabble over who constitutes the majority and who should be recognized as Senate president. Resolving the leadership dispute is crucial not just to process the backlog in legislative work, but also to determine and finalize the rules and timetable of the impeachment trial of Vice President Sara Duterte.

Duterte was impeached by the House of Representatives in May for alleged betrayal of public trust, but the Senate is tasked with conducting a trial and issuing a verdict.

It has been a chaotic month for the Senate after Duterte allies managed to gain control of the Senate leadership. First, a pro-Duterte senator who is wanted by the International Criminal Court for crimes against humanity was able to evade arrest when he was given “protective custody” by his colleagues in the new majority. Pro-Duterte senators were later accused of causing a shooting distraction that allowed the suspect to escape the Senate building. As of this writing, he remains a fugitive.

Second, the Duterte bloc attempted the revision of plenary rules to allow remote participation and online voting, a move intended to benefit senators who may be forced to skip sessions to avoid being arrested over corruption charges. This brazen maneuver was fiercely opposed by members of the minority who staged a walkout to defeat the measure.

Third, the Duterte bloc did not attend the plenary after one of its members was arrested on the non-bailable charge of plunder. The boycott during the week before the scheduled adjournment of Congress sessions derailed the passage of key legislative matters while ensuring that Duterte allies retained the leadership post in the Senate.

The Senate is deeply polarized so that grabbing control of the majority can be done by merely getting the support of one or two senators. The Duterte bloc could only maintain its hold on the majority for a week after one of its members switched sides to the minority. This was also made possible since two pro-Duterte senators were unable to vote in person, since one is in detention already and the other is in hiding. This allowed the designation of an acting Senate President even if the Duterte bloc is contesting the legitimacy of the new majority.

The Philippine Senate, which has a total of 24 members, now has a “Senate President” and an “acting Senate President,” even if the latter has the backing of at least 12 senators already. But the new majority can only officialize and firm up its control after the resumption of the sessions on July 27. Another option is for President Ferdinand Marcos Jr. to call for a special session of Congress in the next two weeks.

Duterte’s camp can question the Senate leadership row to move for the postponement of the start of the impeachment trial, which has been set for July 6.  They can bring the matter to the Supreme Court and raise issues on procedure, Senate quorum, and which set of rules should govern the impeachment trial.

The Senate impasse is a disservice to the public since legislative work is held hostage by partisan political bickering and shameless bargaining to secure power. It also undermines the prospect of conducting a credible and thorough impeachment trial since senator-judges are too preoccupied with publicly lambasting each other. If they can invent rules and break protocols to wrestle control of the Senate leadership, they are certainly capable of conspiring to restrict or even reject key evidence and other information deemed vital to the impeachment case.

The Senate crisis is a reminder for impeachment complainants and anti-corruption advocates to step up the political pressure and amplify the clamor for truth, transparency, accountability, and justice.