EXPLAINER: Is it possible to dismiss VP Sara Duterte's impeachment trial?
The Senate has yet to begin the impeachment trial of Vice President Sara Duterte nearly four months after she was impeached by the House of Representatives.
Senate President Chiz Escudero moved the reading of the Articles of Impeachment against Duterte from June 2 to June 11, citing an immediate need to prioritize pending measures before the legislature.
With the 19th Congress set to adjourn sine die (without a date) on June 14, the plenary will decide whether the impeachment trial will cross over to the 20th Congress. Escudero, however, noted that it will be up to the latter whether it will continue the proceedings.
"It depends. In the end, you have to understand that in Congress, plenary is supreme," he said, noting that the impeachment trial should proceed as mandated by the Constitution.
Escudero faced criticism over the delay, with opposition lawmakers from the Makabayan coalition, like Akbayan party-list Rep. Perci Cendaña, asking if he was "afraid" of Duterte. "Hindi po ito Paris Fashion Week. The public wants a trial. Natatakot ba ang liderato kay Sara? Tama na ang pateka-teka. Panahon na para magtrabaho," Cendaña said. "Every day of delay sends the message that the Senate leadership is either afraid of Vice President Duterte, or worse, actively protecting her."
The Senate President reacted to the allegation that he's "afraid" of the VP and is protecting her on June 3. "Pain naman 'yung tanong na 'yun. Ginagawa namin kung ano ang trabaho namin. 'Yung mga ganyang komentaryo at pain, uulitin ko—doon sa mga ayaw kay VP Sara at pabor sa impeachment, doon sa mga gusto kay VP Sara at tutol sa impeachment—walang bale sa akin 'yun," Escudero told reporters. "Susundin ko kung ano ang tama at nakalagay sa batas sinuman ang mapaboran, sinuman ang tama."
Duterte came to Escudero's defense in an ambush interview in The Hague, Netherlands later in the day. "Well, sa pagkakilala ko naman kay Senate President Chiz Escudero ay hindi natatakot ‘yun," she said. “So hindi ko lang alam saan nanggagaling ‘yung sinasabi na takot si Senator Chiz Escudero. Hindi ko alam saan galing ‘yan."
Senators weigh in
Lawmakers engaged in discussions about proceeding with the impeachment complaint against Duterte when the Senate resumed session on Monday, June 2.
Sen. Francis Tolentino said that the impeachment case will be considered "functionally dismissed by constitutional operation” if the Senate impeachment court is unable to conclude the trial before June 30.
“No action can be taken by the 20th Congress on the matter for lack of constitutional authority,” Tolentino said in his manifestation. He cited Article XI Section 3(4) of the 1987 Constitution, which states that: “In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.”
"The command of the Constitution is clear. 'Forthwith' is not a suggestion—it is a legal imperative," he stressed.
Senate Minority Leader Koko Pimentel and Sen. Risa Hontiveros also noted that the impeachment trial should push through without any delay.
“It is true that the 19th Congress cannot bind the 20th Congress, and all unfinished business will be terminated, but this is only true for any work done by us in the exercise of our legislative functions,” Hontiveros said in her manifestation. "We will be judged by the people if we do not fulfill this duty."
In an interview on ANC's Headstart on June 4, Pimentel commented on the delay in the impeachment proceedings, noting that eight days were put to waste. "During those eight days, there could have been already a command for the impeached official, VP, to file her answer to the impeachment articles," he explained.
Pimentel emphasized that the Senate should have prioritized the impeachment trial over its legislative agenda. "It’s in the Rules of the Senate na should there be legislative matters pending and you have an ongoing impeachment trial, the instruction of our rules is to suspend the legislative matters."
Sen. Imee Marcos, on the same day, confirmed that she saw several versions of draft resolutions seeking to dismiss the impeachment raps against Duterte. "One of the many drafts, na iba-iba ang pakay—parang pangatlo 'yan sa nakita ko, maraming versions—lahat ay naghahanap ng pinakamabisa at pinaka-naayon sa batas na solusyon, 'yung walang butas," she claimed, according to ABS-CBN News.
Sen. Bato Dela Rosa told reporters on June 4 that the aforementioned draft resolution came from his office. "Basahin na lang ninyo 'yung resolution. You will understand everything. That's very self-explanatory. Kung ano 'yung sinasabi doon, 'yun ang saloobin ko," he said.
Senators including Escudero, Pimentel, Hontiveros, and Cynthia Villar earlier said they have not seen the supposed draft resolution.
Is it possible to dismiss Duterte's impeachment trial?
In an interview with PhilSTAR L!fe, law professor Michael Tiu Jr. said that the Constitution is "clear that there should be a trial."
"It does not mention Congress. It mentions the Senate, [which] has the sole power to try and decide. There is a possibility that it will not happen if the politics want that result, but that would be a violation of the Constitution," he said.
He added that the impeachment will not be dismissed, citing the case of Pimentel Jr. v Joint Committee of Congress. In the 2004 decision, the Supreme Court ruled that even when legislative functions of the 12th Congress came to a close, its non-legislative functions were unaffected.
UP College of Law assistant professor Paulo Tamase said the trial can continue beyond June 30.
"The same source that Tolentino cites—Jefferson's Manual—confirms this in Section 620 when it says that 'impeachment is not discontinued by the dissolution of Parliament, but may be resumed by the new Parliament.' American practice also confirms it," he said. "And most importantly, the fact that our Constitution guarantees and upholds accountability is a strong reason for ensuring that impeachment trials end with either conviction or acquittal."
In terms of whether Duterte could question the impeachment case if it crosses the 20th Congress, Tiu said that Duterte can raise any motion, but it does not mean that it can impede the impeachment proceedings.
"Since [an impeachment] trial is mandated by the Constitution, the final arbiter of this question is the Supreme Court," Tiu explained to L!fe.
Former Chief Justice Renato Corona was the only local official to be removed from office via impeachment. Former president Joseph "Erap" Estrada, though he underwent trial, wasn't successfully impeached as senators rejected an envelope that allegedly had strong evidence against him, sparking a second EDSA Revolution in 2001. He resigned from his post, with Gloria Macapagal Arroyo taking over his office. Former Ombudsman Merceditas Gutierrez and former Commission on Elections chairman Andres Bautista, meanwhile, stepped down before their respective impeachment trials.
Duterte's impeachment trial is set for July 30, but Escudero said the date could change and may start in the 20th Congress, which is set to open on July 28. (with reports from Ayie Licsi)
