Impeachment trial in limbo, fate in 20th Congress hangs

Metro Manila, Philippines - Senators debated on the fate of the impeachment trial of Vice President Sara Duterte as the 19th Congress winds down.

“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,” Senate Majority Leader Francis Tolentino said during the resumption of session on Monday, June 2.

The House prosecution panel was originally scheduled to read the Articles of Impeachment at the resumption of congressional session after the election break, on Day 1 of the Impeachment Court. However, Senate President Francis “Chiz” Escudero moved the schedule by a week to give way to unfinished key legislation and the confirmation by the Commission on Appointments of presidential appointees.

A number of lawmakers hit the move, in particular the Senate minority who argued that it violated the constitutional requirement to proceed “forthwith” with the trial once initiated.

The minority bloc also pushed back on Tolentino’s statement, insisting that there is no constitutional or procedural bar to continuing the impeachment trial into the next Congress.

“On the contrary, the Senate rules on impeachment support the position that the impeachment trial shall continue until final judgement even if it is necessary to continue into the next Congress,” Pimentel said.

Senate Deputy Minority Leader Risa Hontiveros said the principle barring one Congress from binding the next applies only to legislative matters.

“Non-legislative functions of the Senate, such as impeachment, are not affected by the transition from the 19th to the 20th Congress,” she said.

“Hahatulan tayo ng sambayanan kung hindi natin ginampanan ang tungkulin na ito sa sambayanan (The people will judge us if we fail to fulfill this duty to them),” she added.

In response to conflicting opinions, Escudero said the matter would be referred to the Senate Committee on Rules, chaired by Tolentino, for further deliberation. He assured the minority that there is time to resolve the issue.

20th Congress to decide

In an earlier press briefing, Escudero maintained that while the Impeachment Court can convene under the 19th Congress, it cannot bind the 20th Congress - which includes newly elected senators - to adopt its decisions.

Escudero had previously proposed July 30 as the start of trial, but clarified that the 20th Congress would discuss the matter on July 29, the session following President Ferdinand Marcos Jr.’s State of the Nation Address.

“Pwedeng sabihin ng 19th Congress tatawid ‘yan pero ang pasya ng 20th Congress hindi tatawid ‘yan at idi-dismiss nila so depende. Sa dulo you have to understand in Congress, plenary is supreme,” Escudero explained.

[Translation: The 19th Congress may say the trial can continue, but the 20th Congress can choose to reject that and dismiss the case. In the end, you have to understand that in Congress, the plenary is supreme,” Escudero explained.

Seventeen senators are staying on in the 20th Congress, to be joined by returning lawmakers and first-timers.