Sara Duterte Impeachment Trial may Proceed despite Supreme Court Ruling — law expert

Will the Impeachment Trial of Vice Pres. Sara Duterte Push Through following the SC’s Verdict?

SARA DUTERTE – A law expert claimed that the impeachment trial of the Vice President may proceed despite the ruling of the Supreme Court.

The decision of the Supreme Court over the impeachment complaint against Vice Pres. Duterte elicited different reactions from the people including many senators. The Supreme Court recently declared the Articles of Impeachment against Duterte as “unconstitutional”.

Sara Duterte

According to the Supreme Court, the impeachment complaint against the Vice President is against the one year ban rule. In 2024, four (4) impeachment complaints were filed against Duterte before the House of Representatives.

House of Representatives

The fourth impeachment complaint against Vice Pres. Sara Duterte was the one transmitted by the House of Representatives to the Senate. Before the 19th Congress adjourned, the senator judges took their oath and convened as an impeachment court.

However, shortly after they convened, the Senate impeachment court ruled to remand the Articles of Impeachment over some questions. Senate Pres. Chiz Escudero clarified that the return of Duterte’s impeachment under an 18-5 voting does not mean the dismissal of the impeachment case.

  • Alan Peter Cayetano
  • Pia Cayetano
  • Ronald “Bato” dela Rosa
  • JV Ejercito
  • Chiz Escudero
  • Jinggoy Estrada
  • Bong Go
  • Lito Lapid
  • Loren Legarda
  • Imee Marcos
  • Robin Padilla
  • Bong Revilla
  • Francis Tolentino
  • Raffy Tulfo
  • Joel Villanueva
  • Cynthia Villar
  • Mark Villar
  • Juan Miguel Zubiri
  • Koko Pimentel
  • Risa Hontiveros
  • Sherwin Gatchalian
  • Grace Poe
  • Nancy Binay
Senators
Photo Courtesy of GMA Network

Ahead of the opening of the 20th Congress, Sen. Joel Villanueva previously claimed that some senators have agreed to start the impeachment trial of Vice Pres. Duterte on August 4. Senate Pres. Chiz Escudero turned down the calls for him to inhibit as well as the calls to rush the start of the trial/.

Following the decision of the Supreme Court declaring the impeachment articles against Vice Pres. Sara Duterte as “unconstitutional”, there are questions on whether or not the Senate impeachment court can push through with the impeachment trial.

Recently, a constitutional law expert, Atty. Domingo Cayosa, spoke on the matter. Based on a report on GMA News, the former president of the Integrated Bar of the Philippines (IBP) claimed that the impeachment trial of Vice Pres. Sara Duterte may push through despite the ruling of the Supreme Court.

“It is now for the legislative branch of government to defer to that ruling, o kaya if they have political will and numbers, maaari nilang ituloy. Sapagkat malinaw naman sa Konstitusyon, pagdating sa impeachment, that is the sole power of the legislative branch,” Cayosa said.

Atty. Domingo Cayosa

Based on the report, the law expert further claimed that the respondents in the case may file a motion for reconsideration before the Supreme Court. According to him, the Constitution clearly states that when it comes to impeachment, “it is for the Senate to decide”.

Atty. Domingo Cayosa stressed that the Senate can disregard the decision of the Supreme Court and proceed with the impeachment trial of Vice Pres. Sara Duterte citing that the upper chamber operates on its own. Based on the report, the lawyer stressed that it depends if the Senate has the political will or the numbers to proceed to the trial.

“They have all the leeway. So maaari ho nilang gawin iyon, at maiintindihan natin,” he expressed.

The decision of the Supreme Court gathered different reactions. Former senator and now Mamamayang Liberal party-list Representative Leila de Lima questioned the process of the Supreme Court over the impeachment complaint against VP Duterte.

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