VP Duterte’s impeachment trial hinges on 20^th Congress

By Adrian H. Halili, Reporter

THE FATE OF the impeachment trial of Vice-President (VP) Sara Duterte-Carpio will still hinge on the upcoming Congress, the Senate chief said on Monday, noting they cannot bind the new set of Senator-judges.

“We can vote on it in plenary, but regardless of our decision, we cannot bind the 20^th Congress,” Senate President Francis G. Escudero said in Filipino at a news briefing.

The 19^th Congress may decide to push through with the trial, but the 20^th Congress may also move for its dismissal, he explained.

“There is that possibility. Again, we cannot bind subsequent Congresses…All previous Congresses cannot bind subsequent Congresses,” Mr. Escudero said, when asked if there is a possibility that 20^th Congress would not convene as an impeachment court.

“I’m just being honest and frank and straight forward that there is that possibility always, but it has never happened in the past,” he added.

The Senate chief postponed the scheduled presentation of charges against Ms. Duterte to June 11 from June 2 to allow the chamber to tackle priority legislative measures.

Mr. Escudero added that it is up to the Senate plenary to decide on the schedule of Ms. Duterte’s impeachment trial.

“The plenary is the supreme body of the Senate. It gets to decide anything and everything although at first instance, it can be decided by the Senate President but ultimately, it will have to be confirmed and affirmed or rejected for that matter by plenary,” he said.

He added that the Senate could only go as far as issuing the summons before the 19^th Congress ends.

“The furthest the Senate can go is to issue a summons because the defendant has 10 days to file an answer and by June 30, the authority of the prosecutors or whoever they hire as a private prosecutor to stand in this case will expire,” Mr. Escudero said, as new Senators take their oaths as Senator-Judges once 20^th Congress begins next month.

“The case cannot continue with only one side and the other side absent,” he added.

Under Senate rules, the VP will have 10 days to respond to the summons once issued, while the House prosecutors will have five days to reply.

Speaker Ferdinand Martin G. Romualdez told reporters on Monday that the House leaves the impeachment proceedings to the “sound discretion” of the Senate.

“The Senate President outlined the priority measures,… so we have to respect the decision of the Senate president,” he said.

FUNCTIONALLY DISMISSED
In a manifestation on Monday’s session, Senate Majority Leader Francis N. Tolentino said the impeachment case is within the jurisdiction of the 19^th Congress and therefore cannot be carried over to the 20^th Congress.

“If we cannot conclude the trial before June 30, 2025, we must recognize this impeachment case is functionally dismissed by constitutional operation and no action can be taken by the 20^th Congress on the matter for lack of constitutional authority,” Mr. Tolentino said.

Senator Ana Theresia Hontiveros-Baraquel argued the Senate should continue with the impeachment proceedings that have been initiated without further delay, citing the 1987 Constitution.

“It is true that the 19^th Congress cannot bind the 20^th 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 function,” Ms. Hontiveros said in her manifestation.

The Senate’s recent actions in relation to the impeachment of Ms. Duterte may be driven by the shifting public opinion, Josue Raphael J. Cortez, a diplomacy lecturer at the De La Salle-College of St. Benilde in a Messenger chat.

He added that “political will” would determine whether the impeachment proceedings will push through or not.

“Hampering the impeachment trials may do more harm than good as it will serve as a litmus test of how we project ourselves in the international context,” Mr. Cortez added.

Political science lecturer at the Ateneo de Manila University, Hansley A. Juliano, said in a Messenger chat the administration is “possibly weighing whether their ability to push through with it further ruins the Marcoses’ credibility.”

Ms. Duterte, who was impeached by more than 200 congressmen last Feb. 5, is expected to stand trial at the Senate as an impeachment court once her trial commences in July.

The impeachment complaint against the VP includes the misuse of confidential funds, unexplained wealth, acts of destabilization and plotting the assassination of Mr. Marcos, his family, and the Speaker of the House. The VP has denied any wrongdoing.