Chiz Escudero is gambling with his freedom, and Tito Sotto is absolutely right to warn him. The law isn’t on Escudero’s side, and no amount of political maneuvering will protect him once the right Ombudsman takes over.
The 1987 Constitution is unambiguous: Article XI, Section 3(6) states, “When the House of Representatives has filed the Articles of Impeachment, the Senate shall proceed forthwith to trial.”
“Forthwith” has a clear legal meaning—immediately, without undue delay or discretion.
Escudero, as Senate President, controls the calendar. If the impeachment trial of Sara Duterte isn’t happening, it’s because Escudero is blocking it. And that’s not just a political decision—it’s potentially criminal.
Under Article 207 of the Revised Penal Code, any public officer who “maliciously refrains from instituting prosecution or proceeding according to law” faces prisión correccional (6 months to 6 years) and disqualification. Article 208 adds liability for “tolerating the commission of offenses or protecting offenders by inaction.” By delaying Sara Duterte’s impeachment, Escudero effectively shields her from accountability—this is textbook tolerance of an offense.
The Anti-Graft and Corrupt Practices Act (RA 3019, Section 3[e]) makes it worse. Giving “unwarranted benefits” or acting with “manifest partiality” or “evident bad faith” to protect another public official carries 6 to 15 years in prison and perpetual disqualification. RA 6713 (Code of Conduct) further requires public officials to act “promptly and expeditiously” on matters pending before them. Every day of Escudero’s delay violates these mandates.
This is not theoretical.
The Supreme Court in Daza v. Singson (G.R. No. 86344, Dec. 21, 1989) ruled that public officials who obstruct constitutional processes can be held criminally and administratively liable. Escudero cannot hide behind the “political question” defense—the Constitution’s command to “proceed forthwith” is absolute.
And here’s where it gets worse for Escudero: the Duterte-appointed Ombudsman, Samuel Martires, is stepping down this year. His replacement, almost certainly appointed by President Marcos Jr., will not carry the same political baggage and will have no reason to protect Escudero.
Once Martires leaves, the new Ombudsman is expected to be far less tolerant of political stalling. Any citizen can file a case, and the Ombudsman is mandated under RA 6770 to investigate and prosecute neglect of duty.
If probable cause is found, it goes straight to the Sandiganbayan.
History has shown that cases like this don’t die quietly—Chief Justice Renato Corona and Ombudsman Merceditas Gutierrez were both removed because ordinary citizens filed complaints. Escudero is not immune.
So to summarize, Tito Sotto is correct—this isn’t a political warning, it’s a legal reality. Escudero is committing at least three crimes by stalling: neglect of duty (Art. 207), tolerance of offense (Art. 208), and graft (RA 3019).
With Martires stepping down, Escudero’s legal shield disappears. The next Ombudsman will have every reason to make an example out of him. “Forthwith” means now, not when it’s convenient. If Escudero keeps playing Duterte’s game, he may end up in a prison-cell like Rodrigo Duterte.