Senators clash over timeline, constitutional duty as House prosecutors prepare for June 11 session
MANILA – Nearly four months after the House of Representatives transmitted articles of impeachment against Vice President Sara Duterte, the Philippine Senate has yet to begin the trial. With the chamber now back in session after a lengthy recess, questions are growing over its constitutional obligations, political independence, and readiness to proceed—with only 23 senators in place.
Senate President Francis “Chiz” Escudero announced that the presentation of the articles will take place on June 11, the last session day of the 19th Congress. The delay has been criticized by former lawmakers, legal experts, and some House leaders, who insist the Senate is bound by the Constitution to act on impeachment without unnecessary deferral.
“I’m not the accused in the impeachment complaint. I don’t see the connection between postponing [the proceedings] and keeping my post,” Escudero told reporters. “The Constitution does not mandate haste—it mandates fairness.”
Escudero emphasized that the Senate plenary—not its presiding officer—holds the final authority to determine whether a trial begins before adjournment. He also asserted that the current Congress cannot dictate the calendar of the next.
Four-Month Recess, One Seat Vacant
The House impeached Vice President Duterte on February 5, 2025, just before the Senate adjourned for a four-month recess from February 7 to June 2. The break coincided with the May 2025 midterm elections, during which 12 Senate seats were contested.
Although the articles were transmitted before adjournment, no proceedings were initiated. Escudero cited the prioritization of LEDAC-backed legislation over the trial calendar.
Adding to the delay is the vacant Senate seat left by Sonny Angara, who was appointed Education Secretary in July 2024. The Commission on Elections declined to hold a special election due to the proximity of the 2025 polls.
The Senate now has 23 sitting members, a detail that could affect quorum and two-thirds voting thresholds required for conviction.
Current members include Escudero, Pro Tempore Jinggoy Estrada, Majority Leader Francis Tolentino, and Minority Leader Koko Pimentel. Also serving are Nancy Binay, Pia Cayetano, Alan Peter Cayetano, Ronald “Bato” Dela Rosa, JV Ejercito, Win Gatchalian, Bong Go, Risa Hontiveros, Lito Lapid, Loren Legarda, Imee Marcos, Grace Poe, Robin Padilla, Bong Revilla Jr., Raffy Tulfo, Joel Villanueva, Cynthia Villar, Mark Villar, and Migz Zubiri.
Senators Divided Over Trial Timing
Majority Leader Tolentino has argued that the impeachment trial must conclude before the 19th Congress ends on June 30, citing Jefferson’s Manual to support his position that “unfinished business” does not carry over.
But Minority Leader Pimentel and Senator Hontiveros maintain that impeachment proceedings are a constitutional function—not legislative business—and can continue in the 20th Congress.
“There is nothing in the Constitution that bars a trial from continuing,” Hontiveros said. “This is not about legislation. This is a constitutional mandate.”
Senator Raffy Tulfo added that delaying the process may erode public trust in the Senate’s role as an independent constitutional body.
Dela Rosa Pushes for Dismissal
Senator Ronald “Bato” dela Rosa confirmed on Wednesday that his office drafted a resolution seeking to declare the impeachment case against Vice President Duterte “de facto dismissed” due to the Senate’s failure to act within 100 days of receiving the articles.
“It came from my office,” Dela Rosa told reporters, emphasizing that the resolution speaks for itself.
The draft argues that the Senate’s inaction effectively nullifies the case, especially with limited time left in the current Congress. Dela Rosa mentioned that several colleagues have expressed support for the resolution, though he did not specify numbers.
“I have a number, but I cannot say how many. I have a number, zero to 24,” he said.
He also noted that other senators might be preparing similar resolutions and suggested the possibility of consolidating them into a version acceptable to the majority.
Legal Experts and Lawmakers Warn of Constitutional Violation
Senate Minority Leader Pimentel criticized the proposed summary dismissal, stating it would violate the 1987 Constitution.
“The Constitution says ‘Trial by the Senate shall forthwith proceed,” Pimentel emphasized, arguing that both the public and the accused deserve a full trial.
Constitutional law experts, including UP College of Law assistant professor Paolo Tamase and former Commission on Elections Chairman Christian Monsod, echoed this sentiment, warning that bypassing a trial could lead to legal challenges and undermine democratic principles.
“The Senate cannot ‘get out’ of its duty,” Monsod asserted, highlighting the obligation to conduct a proper impeachment trial.
House Prosecution Team Ready
House Speaker Martin Romualdez said the lower chamber had fulfilled its role and is now deferring to the Senate.
Rep. Lorenz Defensor, who leads the House prosecution panel, confirmed the team has conducted mock trials and is “80% ready” to begin.
“We are prepared to present the case. We’re just waiting for the Senate to act,” Defensor said.
ACT Teachers Rep. France Castro questioned the Senate’s intentions, asking whether the delay was retaliation for the timing of the House’s transmittal. Akbayan Rep. Percival Cendaña called the inaction a dangerous signal.
“It creates the perception that accountability can be delayed—or avoided entirely,” Cendaña said.
Duterte’s Response: Legal and Personal
Vice President Sara Duterte has not commented directly on the Senate’s delay, but previously filed a petition before the Supreme Court seeking to void the impeachment complaint on grounds of grave abuse of discretion by the House.
She has consistently denied the charges, describing the process as politically motivated.
In an earlier public appearance, Duterte dismissed the gravity of the impeachment with a quip: “Being rejected by a boyfriend is worse than being impeached.” She ended her remarks with, “God save the Philippines.”
The Charges Against Duterte
The House approved the impeachment with 215 votes, consolidating three complaints filed in December 2024 by Gary Alejano, Satur Ocampo, France Castro, and civil society leaders.
Charges include:
– Culpable violation of the Constitution
– Betrayal of public trust
– Graft and corruption
– Other high crimes
Key allegations involve:
– The alleged misuse of ₱612.5 million in confidential and intelligence funds
– A controversial remark perceived as a threat to President Marcos Jr.
– A perceived failure to take a firm stance against Chinese incursions in the West Philippine Sea
Duterte has denied all charges, calling the complaint politically driven.
June 11: A Constitutional Crossroads
With only one session day scheduled, it is unclear whether the Senate will proceed with the trial or let the matter lapse into the next Congress. The outcome could reshape how constitutional duties are handled under political pressure.
“This isn’t just about the Vice President,” said a constitutional law professor. “It’s a test of whether our institutions act on accountability when it’s most difficult.”
As the 19th Congress nears its close, the Senate’s response—or indecision—could define the limits of constitutional responsibility in times of political strain.
