Senate archives Duterte impeachment case

Metro Manila, Philippines - No more impeachment trial against Vice President Sara Duterte - unless the Supreme Court reverses its unanimous decision declaring the complaint void from the start.

That effectively summed up the Senate decision to archive the impeachment case following a six-hour debate on Wednesday, August 6.

It all began with Senator Rodante Marcoleta’s motion to dismiss the complaint, citing multiple procedural violations highlighted in the Supreme Court’s highly controversial ruling.

He zeroed in on the lapses in filing four impeachment complaints against Duterte within a year, violating the constitutional one-year bar on initiating impeachment.

“You are removing the second highest official of government… Do it the right way,” Marcoleta said in an impassioned privilege speech shortly after the session opened at 3 p.m. It was the sole item on the agenda for the day.

Senate Minority Leader Vicente “Tito” Sotto III attempted to block Marcoleta’s motion by moving to table it, effectively setting it aside.

“Let us not dismiss this forthwith,” Sotto stressed, referencing the well-known constitutional phrase that has sparked debate over when an impeachment trial should proceed.

Sotto’s motion was lost, with only five senators voting in favor: himself, Bam Aquino, Risa Hontiveros, Kiko Pangilinan, and Ping Lacson.

However, some senators from the minority bloc argued that the Senate cannot dismiss the complaint without formally convening as an impeachment court. Senate President Francis “Chiz” Escudero stood firm, stating that the court could not reconvene, as the Supreme Court had ruled that it never had jurisdiction — since the complaint was void ab initio, or void from the beginning.

Marcoleta later agreed to amend his motion, opting to transfer the case to the archives rather than pursuing outright dismissal.

In a nominal vote, where each senator explained their decision, 19 voted in favor of archiving the case, four opposed, and Senator Ping Lacson abstained.

Here’s the breakdown of votes:

YES

Alan Cayetano

Pia Cayetano

Bato dela Rosa

JV Ejercito

Chiz Escudero

Jinggoy Estrada

Win Gatchalian

Bong Go

Lito Lapid

Loren Legarda

Rodante Marcoleta

Imee Marcos

Robin Padilla

Erwin Tulfo

Raffy Tulfo

Joel Villanueva

Camille Villar

Mark Villar

Migz Zubiri

NO

Bam Aquino

Risa Hontiveros

Kiko Pangilinan

Tito Sotto

ABSTAIN

Ping Lacson

‘Dead, not buried’

The 19 senators who voted in favor generally argued for the need to respect the Supreme Court ruling, while those opposed wanted to wait for the high court to resolve pending appeals.

Senator Alan Peter Cayetano said that merely tabling Marcoleta’s motion would go against the immediately executory nature of the Supreme Court decision.

“So ang kaibahan naman nung motion na pinasa natin ngayon na i-archive na siya na sinunod yung Supreme Court decision, pinatay na siya. So, kung ma-reconsider ng Supreme Court, pwede mong buhayin,” he said.

[Translation: So the difference with the motion we passed now to archive it, which follows the Supreme Court decision, is that it effectively kills it. But if the Supreme Court reconsiders, it can be revived.]

“It’s dead, but it’s not really buried,” Senator Imee Marcos said during the Kapihan sa Senado media forum on Thursday, August 7.

The House of Representatives impeached Duterte in February over allegations of misuse of public funds and threats against President Ferdinand Marcos Jr.

Shortly before the opening of the 20th Congress, the Supreme Court ruled on petitions filed by Duterte and her allies challenging the impeachment complaint. The high court ruled in their favor, declaring the complaint unconstitutional. With appeals still pending, the Senate scheduled a discussion on Aug. 6 to decide whether to abide by the ruling and halt the proceedings - or proceed, in defiance of the court.