Senators debate impeachment trial crossing into 20th Congress
The debate over whether the impeachment trial of Vice President Sara Duterte can cross over to the next Congress has reached the Senate floor even as the chamber has yet to convene as an impeachment court. — PHOTO FROM SENATE
MANILA, Philippines — The debate over whether the impeachment trial of Vice President Sara Duterte can cross over to the next Congress has reached the Senate floor even as the chamber has yet to convene as an impeachment court.
This started when Senate Majority Leader Francis Tolentino manifested in the plenary that the Senate “cannot carry unfinished proceedings into the next Congress.”
“Allowing the 20th Congress to take over this trial would be ultra vires or beyond our constitutional power,” Tolentino said.
He also stressed that “jurisdiction over impeachment is exclusive to the Congress that receives the complaint.”
The impeachment case against Duterte was initiated in the current 19th Congress with the backing of 215 House of Representatives lawmakers.
Last February 5, the complaint against Duterte was transmitted to the Senate for trial, but for lack of time, the chamber adjourned its session the same day without acting on it.
During the break of Congress, Senate President Francis Escudero scheduled the reading of charges against Duterte at 4 p.m. this Monday, but later decided to move it to June 11, citing the urgent need to pass priority legislation.
READ: Presentation of impeachment articles vs VP Sara moved to June 11
“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 20th Congress on the matter for lack of constitutional authority,” Tolentino then said.
“Mr. President, no matter how hard you try, this cannot be done, especially if it violates the Constitution,” he added.
But the two lone opposition members in the Senate disagreed with the majority leader.
According to Senate Minority Leader Aquilino “Koko” Pimentel, there is no provision in the 1987 Constitution that “expressly prohibits” the 20th Congress from continuing the impeachment proceedings which started in the previous Congress.
“On the contrary, the Senate Rules on Impeachment support the position that the impeachment trial shall continue until final judgment, even if it is necessary to continue into the next Congress,” Pimentel said.
The Minority Leader also likened an impeachment court to a judicial body where its workload is not affected by a change in membership.
“We can see this principle in action in all our courts and electoral tribunals where their case dockets do not change and are not reduced nor reset to zero whenever there are changes in the court’s membership,” Pimentel said.
He said it is also all well-settled that jurisdiction once acquired is not lost but continues until the case is terminated.
“Hence, it is my humble opinion that the trial of the current impeachment case now pending before this Senate of the 19th Congress can ‘cross-over’ or continue from the 19th Congress to the 20th Congress. The impeachment docket of the Senate continues and remains the same,” Pimentel further said.
Sen. Risa Hontiveros aired the same argument, citing past court rulings.
According to her, the Supreme Court already ruled that impeachment is a non-legislative function of the Senate,d i and non-legislative functions are not affected by the shift from the 19th to the 20th Congress.
“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.
What is also clear, she said, is that the Senate has a duty under the Constitution to forthwith proceed with the trial as soon as the impeachment case is transmitted to the chamber.
“The people will judge us if we do not fulfill this duty to the nation,” Hontiveros said.
