Following SC Ruling, Senator Judges To Decide over Possibility of VP Sara Duterte Impeachment Trial
SENATOR JUDGES – The spokesperson of the Senate announced that the senators will vote on whether or not to proceed with Vice President Sara Duterte’s impeachment trial.
Ahead of the opening of the 20th Congress and the public expectation of an impeachment trial against Duterte to possibly start a week after it, the Supreme Court declared the Articles of Impeachment against Vice Pres. Sara Duterte “unconstitutional”.
The high court stated in its ruling that the impeachment complaint against the Vice President does not follow the one year ban rule in the Constitution. It clarified that its decision does not absolve the impeachment case against Duterte but no impeachment complaint may be filed before February 6, 2026.
The decision of the Supreme Court was in response to the petition filed by Vice Pres. Sara Duterte and Atty. Israelito Torreon, among others, seeking for the dismissal of the impeachment case against her. The Vice President was impeached by the House of Representatives last February.
Four (4) impeachment complaints were filed against Duterte. The Vice President is surrounded by issues over her alleged misuse of the Confidential Funds of her office. The fourth impeachment complaint against the Vice President was transmitted to the Senate.
However, ahead of the closing of the 19th Congress, the senator judges have voted to return the Articles of Impeachment against Vice Pres. Sara Duterte to the House of Representatives. The Senate impeachment court got questions including the constitutionality of the impeachment case.
Shortly after the senator judges took their oath, 18 of them voted in favor of the remand of Duterte’s impeachment to the House. Only five (5) of them were against the motion.
YES
- 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
NO
- Koko Pimentel
- Risa Hontiveros
- Sherwin Gatchalian
- Grace Poe
- Nancy Binay
According to former Senate Minority Leader Koko Pimentel and Sen. Risa Hontiveros, there is no concept of return in the legal process. Some former senators also claimed that senator judges should not introduce motion being judges in the process. However, Senate Pres. Chiz Escudero maintained that the Senate impeachment court can decide on anything.
Following the decision of the Supreme Court, there are questions as to whether or not the impeachment trial of Vice Pres. Sara Duterte will proceed. Based on a report on Inquirer, the House mulls filing a motion for reconsideration. The spokesperson of the Senate, Atty. Regie Tongol, said the senator judges will vote on whether or not to proceed with the impeachment trial.
“Yes, as part of the usual deliberative process of any collegial body based on Senate rules,” Tongol said.
The Senate impeachment court received a copy of the decision of the Supreme Court through an email transmittal on Friday evening, July 25, 2025. He stressed that the Court is bound to respect the ruling of the high court.
“The Senate, sitting as an Impeachment Court, has always acted in deference to the Constitution and the rule of law. As a co-equal branch of government, we are duty-bound to respect the finality of rulings issued by the High Court,” the Senate spokesperson said.
Previously, an expert in Constitutional law claimed that the Senate may proceed with the impeachment trial of Vice Pres. Sara Duterte despite the ruling of the Supreme Court.