Senate Returns VP Duterte Impeachment Complaint to House for Constitutional Certification

The Senate, sitting as an Impeachment Court, on Tuesday, June 10, returned the Articles of Impeachment against Vice President Sara Duterte to the House of Representatives for certification that the complaint does not violate the Constitution.

Eighteen senator-judges voted in favor of Senator Alan Peter Cayetano’s motion to return the impeachment complaint to the House, while five voted against it.

Among those who supported the motion were Senate President Francis Escudero, Senators Alan and Pia Cayetano, Ronald “Bato” Dela Rosa, Christopher “Bong” Go, Loren Legarda, Raffy Tulfo, Ramon “Bong” Revilla Jr., Robin Padilla, Imee Marcos, Cynthia Villar, Mark Villar, Joel Villanueva, Joseph Victor “JV” Ejercito, Jinggoy Estrada, Francis Tolentino, Manuel “Lito” Lapid, and Juan Miguel “Migz” Zubiri.

Those who voted against included Senators Aquilino “Koko” Pimentel III, Risa Hontiveros, Grace Poe, Nancy Binay, and Win Gatchalian.

In his motion, Cayetano requested that the House certify that the impeachment complaint does not violate Article XI, Section 3, Paragraph 5 of the 1987 Constitution, which states: “No impeachment proceedings shall be initiated against the same official more than once within a period of one year.”

Cayetano clarified that he was not seeking the dismissal of the impeachment complaint but was merely asking for certification and assurance that the House remains committed to pursuing the Articles of Impeachment against the Vice President.

Senate President Escudero, however, warned that the House cannot simply ignore the decision of the Impeachment Court, emphasizing that it carries the weight of a judicial order.

Escudero further explained that returning the Articles of Impeachment to the House should not be interpreted as a dismissal of the complaint against the Vice President.

Senator Tolentino, who voted in favor of Cayetano’s motion, expressed his view that the impeachment trial should not extend to the 20th Congress. This stands in contrast to Escudero’s position that the proceedings will inevitably carry over into the next Congress.

Meanwhile, President Ferdinand Marcos Jr. said it is inevitable that the senators of the 20th Congress will inherit the impeachment proceedings against VP Duterte.

The President maintained that there is no controversy in the impeachment process transitioning from the 19th Congress to the 20th Congress, saying it would be impossible to conclude the trial before the new senators assume office.

“Why? What is the controversy? It is very clear that it will continue. Because there is no way that even if they start the trial now, that they will finish it before the new senators come in,” Marcos said.

President Marcos stressed that it should be left to the senators to decide on the impeachment of the Vice President, as this is part of their constitutional mandate.