Senate archives Sara Duterte impeachment
The Senate voted to archive the articles of impeachment against Vice President Sara Duterte, following the Supreme Court's ruling that it was unconstitutional.
On Wednesday, Aug. 6, Sen. Rodante Marcoleta initially made a motion to dismiss the impeachment case, but it was later amended to be archived. Minority Floor Leader Vicente "Tito" Sotto III moved to table Marcoleta's motion, but lost with 5-19 votes.
The Senate—with 19 affirmative votes, four negative votes, and one abstention—shelved the impeachment complaint. The majority echoed that they uphold the High Court's decision, reiterating that the impeachment complaint was void ab initio for violating the one-year bar rule and due process.
Sen. Alan Peter Cayetano explained that the move means it would be "dead."
"Kasi sabi ng Supreme Court, immediately executory. Pero mabubuhay 'yan kung binuhay ng Supreme Court," he said.
Senators explain their votes
In explaining his affirmative vote, Senate President Chiz Escudero slammed the critics of the SC ruling.
“Are you fighting for truth, or are you simply after revenge? Do you really want a trial, or do you just want a conviction? I vote ‘yes’ to the motion. I vote ‘yes’ to the rule of law, to the constitution, to the supremacy of the Supreme Court,” he said.
He stressed that the Senate should not be used for "political ambitions."
“Do not allow yourselves to be used for the blind hatred and ambition of a few who did things haphazardly, gravely abused their discretion, and violated due process rights under the Constitution as found by the high court itself," he said.
"The Senate is not our playground to run after your political enemies. We are not an accomplice to any grand scheme," he added.
Senate President Pro Tempore Jinggoy Estrada stressed that the Senate has no jurisdiction in the impeachment case.
“Bakit natin ipinipilit ang isang bagay na malinaw na wala sa ating kapangyarihan? Nagsalita na po ang Korte Suprema, hindi saklaw at walang hurisdiksyon ang Senado. Tapos na ang usapin, patay na ang kaso,” he said. "We must never forget that the Supreme Court is the final interpreter of our Constitution."
Sen. Imee Marcos seemingly took a swipe at House Speaker Martin Romualdez, her cousin, during her explanation, saying, "Ang dati sanang para sa kaayusan ng sistema, ginagawang pampagulo, panakot, at sandata laban sa mga kinaiinggitan nga mga lulong sa kapangyarihan," she said.
"Galangin naman natin ang Korte Suprema, ‘wag tayong umastang ‘Supremer’ Court. 'Supremest' pa, wala namang ganun ah,” she added.
"Sa mga mahal kong kongresista, may suggestion ako... Kesa inaatupag ninyong palitan ang pinili ng taumbayan... Bakit 'di niyo naman ang tao kayo na man lang pumili... Ano kaya kung ‘yung Speaker niyo na lang ang palitan ninyo? Kaya niyo 'yan!" she continued.
Meanwhile, Sen. Erwin Tulfo explained that his affirmative vote is not meant to protect Duterte.
“Dahil malinaw ang sinasabi ng ating batas. At mas malinaw pa ang desisyon ng Korte Suprema na ito po ay labag sa Konstitusyon,” he said.
'Not a defiance of SC'
On the other hand, the minority explained that voting against the motion to archive is not a defiance of the High Court and noted that its decision is not yet final due to the House of Representatives' pending motion for reconsideration.
“Ang boto na ‘no’ ay hindi nangangahulugan na hindi natin nirerespeto ang pasya o kapangyarihan ng Korte Suprema, lalong-lalo na’t hindi pa ito pinal," Sen. Kiko Pangilinan explained.
For his part, Sotto said that he voted to table Marcoleta's motion as he knows "for a fact" that once the impeachment complaints are archived, "it is dead."
Meanwhile, Sen. Ping Lacson abstained, also citing the pending motion for reconsideration.
“I believe that the July 25 ruling is by no means final until it rules on the motion for reconsideration with finality," he said. "I would rather wait, not preempt, the final ruling of the high court."
Before this, Escudero said that the SC ruled that the Senate did not acquire jurisdiction over the impeachment proceedings as the impeachment complaint was declared unconstitutional.
“Indeed, there might not be anything to dismiss, and the procedure would be more properly to archive similar to what we have done in the past, so that these proceedings would still be made part of the Senate’s records,” Escudero said.
He noted that a motion to archive impeachment complaints has been made in the past, such as cases of former President Joseph Estrada and then-Ombudsman Merceditas Gutierrez.
Escudero said that the impeachment complaint may be revived in case the SC reverses its ruling.
Here's how the senators voted on Marcoleta's motion to archive the impeachment articles:
Yes
- Alan Peter Cayetano
- Pia Cayetano
- Bato Dela Rosa
- Win Gatchalian
- JV Ejercito
- Chiz Escudero
- Jinggoy Estrada
- Bong Go
- Lito Lapid
- Loren Legarda
- Rodante Marcoleta
- Imee Marcos
- Robin Padilla
- Erwin Tulfo
- Raffy Tulfo
- Joel Villanueva
- Camille Villar
- Mark Villar
- Migz Zubiri
No
- Bam Aquino
- Risa Hontiveros
- Kiko Pangilinan
- Tito Sotto
Abstain
- Ping Lacson
Duterte was impeached by the House of Representatives on Feb. 5, garnering 215 votes out of 306 House members. Escudero had confirmed that all 215 signatures on the letter sent to the Senate were "wet" signatures, confirming they were physically signed and not electronic.
The House listed seven articles for Duterte’s impeachment, including committing betrayal of public trust, committing culpable violation of the Constitution and/or committing high crimes in plotting to assassinate Marcos, First Lady Liza Araneta-Marcos, and Romualdez; and misuse and malversation of confidential funds appropriated to the Office of the Vice President and Department of Education, among others.
Duterte scored a major legal victory on July 25 when the SC voided the impeachment complaint against her. On Aug. 4, the House appealed to the SC to reconsider its decision, with House Speaker Martin Romualdez calling it an "act of duty."
"We do not challenge the authority of the Court. We seek only to preserve the rightful role of the House. The voice of the people in the process of accountability," he said.
On Aug. 6, ABS-CBN News issued a statement on its articles cited in the SC ruling to clarify that Duterte "did not state that the House of Representatives transmitted the articles of impeachment to the Senate without a plenary vote." The news outlet noted that Secretary General Reginald Velasco arrived in the Senate to "transmit the verified complaint for impeachment" that day. "On February 5, 2025, ABS-CBN News covered and also aired live the House plenary vote on the impeachment complaint," it noted.
