Bato: Senators collaborating on resolution to dismiss Duterte impeachment case

Metro Manila, Philippines - Senator Ronald “Bato” dela Rosa is leading efforts to have the impeachment case against Vice President Sara Duterte dismissed, citing a lack of time for trial under the 19th Congress.

In a chance interview with reporters on Wednesday, June 4, Dela Rosa confirmed that the draft resolution seeking the de facto dismissal of the impeachment case originated from his office.

”Galing ‘yon sa office ko (It came from my office),” he said.

Dela Rosa said he is working with fellow senators who have expressed interest in contributing to the draft resolution.

He refused to specify how many have thrown their support behind the resolution but said at least two other senators have prepared drafts with a similar intent. These may be consolidated for formal filing, possibly by Monday, he said.

”Una ‘yung akin (Mine is the first draft),” Dela Rosa said.

His admission came after members of the media noticed the name of one of his staff members on the document circulating in the Senate.

Dela Rosa explained that the resolution was based on a manifestation made by Senator Francis Tolentino last Monday, asserting that the impeachment case against Duterte should be “functionally dismissed” if it is not resolved before the 19th Congress adjourns on June 30.

The draft resolution notes that since the Articles of Impeachment will only be read on the Senate floor on June 11—the last session day of the 19th Congress—there would be no time to complete the trial. It also states that the proceedings cannot carry over to the 20th Congress, a point that remains under debate.

“[C]onsistent with the foregoing, the Articles of Impeachment against Vice President Duterte must necessarily be deemed DE FACTO DISMISSED, by virtue of the inability of the Senate to properly consider the same because of the timing of the transmittal thereof by the House of Representatives,” the draft states.

Estrada, Marcos confirm seeing draft

Senate President Pro Tempore Jinggoy Estrada and Senator Imee Marcos confirmed having seen the draft resolution.

Estrada said he received a printed copy personally and noted that it began circulating on Monday, June 2—the day the Articles of Impeachment were initially scheduled to be read by House prosecutors, but was postponed by Senate President Francis “Chiz” Escudero.

Marcos also said other versions of the draft resolution are circulating.

“One of the many drafts, na iba-iba ang pakay — parang pangatlo ‘yan sa nakita ko, maraming versions, lahat ay naghahanap ng pinakamabisa at pinaka naaayon sa batas na solusyon, ‘yung walang butas,” Marcos said in a text message to reporters.

[Translation: One of the many drafts, each with a different purpose — that’s probably the third one I’ve seen. There are many versions, all aiming to find the most effective and legally sound solution, one without loopholes.]

‘Mere scrap of paper, dilemma’

Meanwhile, Escudero emphasized that resolutions have no effect unless formally approved on the Senate floor.

“Ika nga mere scrap of paper unless may mag-file niyan, unless may mag-author niyan, unless pagdebatehan niyan, at unless pagbotohan niyan,” he said.

[Translation: As they say, it’s merely a scrap of paper—unless someone files it, unless someone authors it, unless it’s debated, and unless it’s voted on.]

But given that serving as an impeachment court is a constitutional duty of the Senate, can a resolution dismiss a case without going to trial?

Estrada said he would need to consult with legal experts first.

Senator Alan Peter Cayetano, who said he has not seen the draft resolution, described the situation as a “dilemma.”

“We want to follow the Constitution and very clear ang constitution that trial follows forthwith… Pero ang tanong nga if a majority of senators say, yung trial walang mangyayari, ‘cause you don't have numbers, sinong masusunod?”

[Translation: We want to follow the Constitution, and the Constitution is very clear that the trial follows forthwith… But the question is, if a majority of senators say the trial won’t lead anywhere because there aren’t enough numbers, then who gets to decide?”]

Senators Joel Villanueva and Christopher “Bong” Go, who said they had not seen the draft resolution, declined to speculate.

Other senators who denied seeing the draft include Senator JV Ejercito, who emphasized that it is the Senate’s constitutional duty to convene as an impeachment court and proceed with the trial, and Senator Cynthia Villar.

’Flawed logic’

Senate Minority Leader Aquilino “Koko” Pimentel III, after seeing the version circulating online, even questioned its authenticity.

“Flawed logic. Big chance not authentic. Even quotation of the constitutional provision is not accurate,” Pimentel told reporters in a text message.

The Senate has yet to begin the impeachment proceedings, four months after the House impeached Duterte over allegations of confidential fund misuse and death threats against President Ferdinand Marcos Jr. and his family.

Duterte has filed a case before the Supreme Court seeking to halt the impeachment proceedings, but it has yet to be resolved.