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Rep. Marcoleta questions authority of Justice Committee to hold impeachment hearings during recess
Rep. Marcoleta questions authority of Justice Committee to hold impeachment hearings during recess
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Rep. Marcoleta questions authority of Justice Committee to hold impeachment hearings during recess
by Elijah Gaven Mitra11 May 2026
Screengrab from House of Representatives

The House of Representatives’ 20th Congress 1st Regular Session plenary voting on the Articles of Impeachment against Vice President Sara Duterte was marked by a heated exchange as Rep. Paolo Marcoleta questioned the authority of the Committee on Justice to conduct impeachment hearings during congressional adjournment.

During deliberations on Committee Report No. 261 and House Resolution No. 989, Rep. Gerville Luistro urged lawmakers to support the measure, saying, “I respectfully urge this chamber to vote in favor of Committee Report No. 261 and House Resolution No. 989. Let us do our duty. Maraming salamat po.”

Marcoleta, however, pressed the sponsor on the legality of the committee proceedings conducted while Congress was on recess.

He asked, “Could you please identify the exact rule, resolution, order, or House authority that allowed the Committee on Justice to conduct impeachment hearings during the adjournment of [the] session?”

Luistro responded by distinguishing impeachment proceedings from ordinary legislation, stating that impeachment is governed by Article XI of the Constitution and is not subject to legislative breaks.

She said, “The impeachment process is not governed by breaks and recess… there is nothing under the rule which prohibits hearing of the Justice Committee during recess.”

She further cited House Resolution No. 892 as explicit authorization, reading, "Resolution authorizing the House Committee on Justice to… continue the conduct of impeachment proceedings and the exercise of ancillary powers during the recess of the House of Representatives from 21 March 2026 to 3 May 2026.”

Marcoleta insisted there was no clear documentary proof at first, requesting a copy of the resolution and arguing that the Constitution repeatedly refers to “session days” without explicitly allowing hearings during adjournment. He also cited Article XI, Section 3, emphasizing procedural timelines for impeachment referrals and committee action.

The majority leader intervened, directing the secretary general to furnish Marcoleta with a copy of the relevant resolution, while assuring lawmakers that due process was followed. “We did not adjourn sine die. We are still on our first regular session,” the Majority Leader said.

The exchange continued as Marcoleta asked whether the Senate would base its trial on the original complaints or on the committee-developed record. Luistro replied that the basis would be the Articles of Impeachment approved by the House, stating these are consistent with the verified complaints submitted.

The plenary ultimately proceeded amid continuing debate over the scope of congressional authority during recess and the constitutional interpretation of impeachment procedures.

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