Will Sara impeach trial push through?

Senators to vote on June 11

MANILA, Philippines — The Senate will decide on June 11 whether it will formally convene as an impeachment court to try Vice President Sara Duterte, Senate President Francis Escudero said yesterday.

Escudero underscored that only the plenary can decide whether or not the impeachment may cross over to the 20th Congress.

He explained that even if the 19th Congress votes to proceed with the impeachment proceedings, the 20th may still decide not to – saying “previous Congresses cannot bind subsequent Congresses.”

“For example, the 19th Congress may say that the impeachment will cross over, but the 20th Congress decides otherwise and they will dismiss it, so it depends. In the end, you have to understand that in Congress, plenary is supreme,” he explained.

“It’s not the decision of the voice of one member even if he or she is the Senate president or an officer of the Senate or the House. The plenary’s decision will always be paramount in any affair,” he added.

Escudero stressed that it was his position that the impeachment trial should proceed as mandated by the Constitution.

“In the natural course, yes. That is what should happen, unless, as I have said, someone makes a motion or an objection, and it is put to a vote. In the end, the plenary will decide but that is what our rules provide, so my answer is yes,” he said.

On June 11, senators would be squeezing in the reading of the Articles of Impeachment, oath-taking of senator-judges and the issuing of the summons against Duterte – if the Senate plenary votes to convene as an impeachment court the same day, Escudero said.

The new timeline would complete all preparatory steps before adjourning.

Under the rules, Duterte would be given 10 days to respond to the summons. If the Senate issues summons on June 11, Duterte has until the 21st to respond. However, this leaves the House prosecutors more or less nine days before their authority expires.

“Come June 30, prosecutors or their private prosecutors no longer have authority, so the trial will be on hold and we will wait for the resumption or opening of the new Congress (on July 28),” Escudero said.

After June 30, Escudero said there would no longer be a pre-trial because of the expiration of terms. House prosecutors, however, may be given leeway to submit written interrogatories, which is part of pre-trial.

If the 20th Congress votes to continue the impeachment proceedings, Escudero said he remains confident that the voting to convict or acquit Duterte by October would still be possible.

Conflicting views

Senators yesterday argued over the fate of the impending impeachment trial of the Vice President, with the minority bloc urging its continuation while Senate Majority Leader Francis Tolentino warning the proceedings must be concluded within the current Congress or be considered effectively dismissed.

Senate Minority Leader Aquilino Pimentel III and Sen. Risa Hontiveros took to the floor to assert that the Senate retains jurisdiction over the trial beyond June 30, when the 19th Congress ends. The pair comprise the minority.

Pimentel emphasized that impeachment proceedings, by nature, are distinct from ordinary legislative matters and are not bound by Congress’ adjournment.

But Tolentino, in his own manifestation, asserted that the Constitution imposes clear boundaries.

Citing Article XI, Section 3(6) of the 1987 Constitution, Tolentino stressed that the trial must commence and conclude “forthwith.”

“The command of the Constitution is clear. ‘Forthwith’ is not a suggestion. It is a legal imperative,” said Tolentino, noting that the Articles of Impeachment were transmitted to the Senate 117 days ago, yet the trial is only scheduled to begin on June 11 – just two days before sine die adjournment.

Tolentino argued that the Senate under the 1987 Constitution is not a continuing body and that any attempt to carry over the impeachment trial into the 20th Congress would be unconstitutional.

“If we cannot conclude the trial before June 30, 2025, we must recognize that this impeachment case is functionally dismissed,” he said, warning against an “ultra vires” act that exceeds constitutional bounds.

The minority leader however cited legal precedents in saying impeachment proceedings are sui generis, or unique, and should not be treated as typical legislative business.

“Impeachment is not just a court proceeding – it is also a political process exercised by the legislature as a representative of the people to determine a public officer’s fitness to remain in office,” Pimentel rebutted.

Citing Rule 3 of the Senate Rules of Procedure on Impeachment Trials, he argued that once a trial begins, it should continue “until final judgment” unless otherwise decided by the Senate.

He also pointed to the 2004 Supreme Court ruling in Pimentel Jr. v. Joint Committee of Congress which held that non-legislative functions of Congress, such as impeachment, can continue even after adjournment.

“Just like a court, the impeachment docket should not and does not reset with a change in membership,” Pimentel said.

Hontiveros backed Pimentel’s argument, referencing American legislative practice to assert that impeachment trials can span congressional terms.

“The US Congress has long allowed impeachment trials to carry over. The impeachment of President Clinton, for example, was tried in the next Congress after adjournment,” Hontiveros said, citing a June 2025 article by UP Law professor Paulo Tamase in the Philippine Law Journal.

‘Not reason for delay’

Escudero dismissed allegations that he was determined to “bury” Duterte’s impeachment trial to secure his hold on the Senate presidency.

“(It) has nothing to do (with that) especially given the fact that the 20th Congress will have a totally different composition,” he said.

For now, Escudero said the chamber is focused on passing key legislation and confirming the appointments of more than 300 government officials.

He likewise defended the decision to defer the reading of the Articles of Impeachment against Duterte – originally set for June 2 – to June 11 or days before the 19th Congress adjourns sine die.

Even if the Senate convened on June 3 and issued a summons for Duterte in the succeeding days, the chamber would still have to adjourn sine die before the Vice President is able to respond to the summons, Escudero noted.

Under impeachment rules, the impeached official has 10 days to respond to the summons.

The Senate President also stressed that President Marcos did not influence the postponement of the presentation of the Articles of Impeachment against Duterte, citing the move was made following internal Senate discussions.

“I was not even able to tell Martin (Romualdez), the Speaker. He found out through the letter that I sent him,” he said.

Romualdez, for his part, is leaving the fate of the impeachment trial in the hands of the Senate.

“We leave it to their sound discretion as to how they want to proceed and conduct. The letter of Senate President Chiz Escudero to me is pretty straightforward. That’s why the impeachment complaint is now in the hands of the Senate,” the Speaker told House reporters.

De Lima hits delay

Incoming Mamamayang Liberal party-list Rep. Leila de Lima warned about serious repercussions should the Senate fail to do its duty and convene as an impeachment court for Duterte’s trial.

“We’ve seen this before. We know what happens when process is ignored, when truth is silenced, when the powerful are shielded from scrutiny. This is how impunity begins. This is how it is sustained. And this is how a nation forgets,” De Lima said.

As one of the 11-member House prosecution panel, De Lima said she is here to serve the ends of justice.

“We cannot allow that (impunity) to happen again. Not on our watch. Let the case be heard. Let the evidence be tested. Let truth rise – as it must, as it will. We have been here before. We refuse to repeat the sins of the past,” she asserted.

The former senator and justice secretary was jailed for over six years on trumped up charges for being a vocal critic of detained former president Rodrigo Duterte, Sara’s father.

For militant group Bagong Alyansang Makabayan, Marcos is the biggest stumbling block in the impeachment trial of Duterte.

Bayan president Renato Reyes said Marcos’ persistent remarks opposing Duterte’s impeachment showed his unprincipled political accommodation and a lack of interest in pursuing large-scale corruption in government.

“The efforts to shut down the impeachment trial even before it has started are patently self-serving for the Marcos regime,” he said in a statement.

According to Reyes, attempts to derail or prevent the trial will be seen by the public as a refusal to exact accountability for corruption.

“It will be a victory for fiscal impunity and will embolden the continued corruption of confidential and intelligence funds,” he said.

Members of Bayan and their allied organizations will hold a protest in front of the Senate today to condemn the delay in Duterte’s impeachment trial. — Delon Porcalla, Emmanuel Tupas