EXPLAINER: What does 'archiving' the impeachment complaint vs Sara Duterte mean?
The Senate voted to "archive" the impeachment complaint against Vice President Sara Duterte, but what does this mean exactly?
On Aug. 6, Sen. Rodante Marcoleta initially made a motion to dismiss the articles of impeachment, but it was later amended to be archived. This comes after the Supreme Court ruled that an article of impeachment against Duterte was unconstitutional, as it violates the one-year bar rule and due process.
The House of Representatives filed a motion for reconsideration of this decision on Aug. 4, with House Speaker Martin Romualdez stating that the High Court's decision was "based on a misreading of facts and a retroactive imposition of new rules."
The Senate, voting 19-4-1, shelved the impeachment complaint.
Floor Minority Leader Tito Sotto and Sen. Alan Peter Cayetano both said that once the case is archived, it would be "dead." "Kasi sabi ng Supreme Court, immediately executory. Pero mabubuhay 'yan kung binuhay ng Supreme Court," Cayetano said.
But what does archiving really mean?
Archive vs dismissal
In an interview with PhilSTAR L!fe, University of the Philippines College of Law Assistant Professor Paolo Tamase likened the archiving of a case to a coma.
"Think of the case as still alive. It's still an [impeachment] case, but we really don't know whether it will [be] active again in the future unless the Senate [decides] to revive it," he said.
Atty. Michael T. Tiu Jr., an Assistant Professor at UP College of Law, added that the case is not really as "dead" as the senators described it to be.
"Of course, it can [be] revived from the archives again by a vote of the senators," Tiu explained.
Meanwhile, if the impeachment case is dismissed, like what Marcoleta initially sought, it would mean that there is no way to revive it or for it to continue, according to Tamaso.
If a dismissal had happened, the House would have to refile the case. Following the one-year bar rule, the lower chamber would wait until Feb. 5, 2026 to file another impeachment complaint against Duterte.
"If the dismissal is with prejudice, as in any other case, then you cannot revive that case anymore. But sometimes, the dismissal is without prejudice, which means you can revive the case," Tiu told L!fe. "In either case, you have to start a new one. You have to refile instead of just reactivating the old one, because that one is really no longer alive."
What does it mean to 'table' a motion?
During the session, Sotto made a motion to "table" Marcoleta's motion to dismiss, a move that Tamaso said shows the Minority Floor Leader's expertise in parliamentary procedure.
"A motion to table basically just means that the Senate will not vote on the motion that was filed before it. So, think of it as just there. It's just on the table without anyone actually acting on it," he said, adding that it takes precedence over other motions.
Sotto's motion, however, lost with 5-19 votes.
"When a motion to table is defeated, then you can most certainly be sure that the underlying motion will pass," Tamaso said.
What happens next?
With Duterte's impeachment complaint in "deep sleep," there can be "no trial" on the articles, according to Tomaso.
Once the SC grants the motion for reconsideration and finds that the Senate has jurisdiction over the impeachment complaint, the senators will vote to take it back from the archives. However, they may also vote not to revive it.
"Nothing prevents them [from not reviving the case]. They have the sole power to try and decide," Tiu said.
"Given that they have rallied around the Supreme Court's decision, then we can expect that they will also follow what the [SC] will say once it releases its decision," he continued.
Tamaso added that whatever the case, "it doesn't bar [people who] initially sought the impeachment of Vice President Duterte from filing a new impeachment complaint in February consistent with the Supreme Court's decision."
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.
