By The Red Chronicles | Photo Courtesy | AP News
MUNTINLUPA, PH—Earlier last month, the House Prosecution Panel was ‘baffled’ by the directive of the Senate impeachment court to ‘remand’ the Articles of Impeachment back to the House of Representatives. The aforementioned prosecution team initially raised a motion as they sought clarity from the controversial fiasco head-on with the Senate.
While the public spectacle projected confusion with the inherent intricacies of the law, The Red Chronicles attempted to lay out the procedural queries that every Juan could have asked for themselves.
Photo Courtesy | Senate of the Philippines
WHAT ACTUALLY TRANSPIRED?
Last June 10, the Senate of the Philippines, acting as an impeachment court, tried the impeachment case instituted against Vice President Sara Duterte. On the same day, the members of the impeachment court voted 18-5 to revert back the Articles of Impeachment to the House of Representatives.
However, before the Senate could have functioned as a tribunal, Sen. Ronald “Bato” Dela Rosa moved to junk the impeachment complaint due to “constitutional issues,” seeking to raise a “functional dismissal” where the entire complaint gets to be dismissed through a Resolution.
Simplistically explained, the senator-judges opted to vote to return the impeachment complaint to the House of Representatives in lieu of proceeding to a hearing for the presentation of the Articles of Impeachment, which could have been the first act of the Senate as an impeachment court.
WHAT DOES THE REMANDING OF THE CASE IMPLY?
Sen. Allan Peter Cayetano of the so-called ‘Duterte bloc’ asserted that the return of the Articles of Impeachment is not tantamount to the termination of the impeachment case. Meanwhile, Senate President Francis “Chiz” Escudero remained firm that the Senate shall proceed with the impeachment trial after the House settles the issue raised.
Photo Courtesy | Avito Dalan
In contrast with the position of Cayetano, the Senate minority bloc averred that the remanding of the impeachment case ‘effectively’ forestalls the process. Senate Minority Leader Aquilino “Koko” Pimentel III, and Sen. Risa Hontiveros opposed the arguments of the ‘Duterte bloc,’ along with the administration Senators Sherwin “Win” Gatchalian, Nancy Binay, and Grace Poe-Llamanzares.
WHAT NOW?
With Dela Rosa’s assertion that the articles of impeachment reflect “constitutional infirmities,” it is now left to the ambit of the House to certify that the impeachment complaint is proper and constitutionally sound.
Thus, the 20th Congress is faced with the task of formally notifying the Senate as to its intention to pursue the trial or otherwise, provided that the 19th Congress does not bind the next sitting Congress to pursue the proceedings.
WHAT HAPPENS IF THE TRIAL GETS FORESTALLED IN THE 19TH CONGRESS?
Photo Courtesy | AP News
According to notable doctrinal rulings, there are two relevant views to answer this query. First, the Senate can continue with trial beyond June 30, for it is deemed as a “continuing body.” (Arnault v. Nazareno, G.R. No. L-3820). Case law provides that the power of impeachment is not legislative in nature. Therefore, such power does not stop at the end of every Congress.
Secondly, recent jurisprudence provides that the Senate is not a continuing body. The ruling provides to wit:
“The Senate of each Congress acts separately and independently of the Senate of the Congress before it. Due to the termination of the business of the Senate during the expiration of one (1) Congress, all pending matters and proceedings, such as unpassed bills and even legislative investigations, of the Senate are considered terminated upon the expiration of that Congress and it is merely optional on the Senate of the succeeding Congress to take up such unfinished matters, not in the same status, but as if presented for the first time.”
FINAL WORDS: WHAT ARE THE CHARGES AGAINST VP SARA?
Photo Courtesy | Eloisa Lopez
Vice President Sara Duterte faces betrayal of public trust, culpable violation of the 1987 Constitution, graft and corruption, other high crimes in relation to the misuse of confidential funds amounting to more than 600 Million Pesos between 2022 to 2024, and alleged planning to assassinate the Chief Executive and the First Lady.
Furthermore, the unexplained wealth amounting to 2 Billion Pesos went into a hot seat when it was included in the articles of impeachment. The questioned assets arose from her Statement of Assets, Liabilities, and Net Worth (SALN) filed from 2007 to 2012 and from 2016 to 2022.
Additionally, the fifth article of impeachment stated the links of VP Duterte to extrajudicial killings, and the Davao Death Squad. Her infamous political history was her mayoralty stint in Davao City.
As for the charges of inciting to sedition, the complaint stated that VP Duterte “repeatedly and maliciously caused political turmoil and instability by sowing division and discord within the government.”
Finally, the conduct of the Vice President was tagged in the complaint as a clear “gross faithlessness against trust and tyrannical abuse of power.”
EDITOR’S NOTE: This article shall likewise be published in the Second Volume Issue of The Red Chronicles (P.Y. 2024-2025)
REFERENCES:
AP News. “The Philippine Senate Returns Sara Duterte Impeachment Case to the House | AP News,” June 11, 2025. https://apnews.com/article/philippines-vice-presidential-sara-duterte-impeachment-520c4e4adb6f32975e90efdfbc5165d6.
Castro, Pam. “‘No One Can Stop’ Sara Duterte’s Impeachment Trial — House Prosecutors.” Philstar.Com, June 12, 2025. https://www.philstar.com/headlines/2025/06/12/2450034/no-one-can-stop-sara-dutertes-impeachment-trial-house-prosecutors.
“Philippine Senate returns VP impeachment case to lower house hours after convening trial.” 2025. Reuters.com. June 11, 2025. https://www.reuters.com/world/asia-pacific/philippine-senators-prepare-be-jurors-sara-dutertes-impeachment-trial-2025-06-10/.
“Remanding VP Sara’s Impeachment Case to House ‘unnecessary’ &Mdash; Tito Sotto.” GMA News Online, June 11, 2025. https://www.gmanetwork.com/news/topstories/nation/949061/remanding-sara-duterte-impeachment-case-house-unnecessary-tito-sotto/story/.
GISELLE OMBAY,GMA Integrated News and GISELLE OMBAY, GMA Integrated News. “Escudero: House Should Submit Pleading on Sara Duterte Impeachment.” GMA News Online, June 12, 2025. https://www.gmanetwork.com/news/topstories/nation/949174/escudero-house-should-submit-pleading-sara-duterte-impeachment/story/.
“Verified Complaint for Impeachment” (n.d.) https://web.senate.gov.ph/Impeachment/Verified%20Complaint%20for%20Impeachment.pdf