Despite a Supreme Court ruling declaring the impeachment case against Vice President Sara Duterte unconstitutional, a prominent constitutional law expert says the Senate still has the option to move forward with the trial.
In a report by GMA News Online, Atty. Domingo “Egon” Cayosa, former president of the Integrated Bar of the Philippines, emphasized that the legislative branch holds exclusive authority over impeachment proceedings under the Constitution.
“It is now for the legislative branch of government to defer to that ruling, o kaya if they have political will and numbers, maaari nilang ituloy,” Cayosa said. He pointed out that while the Supreme Court decision is binding and immediately executory, the Senate has the discretion to assert its power as an impeachment court.
Voting unanimously, the Supreme Court struck down the Articles of Impeachment filed against Duterte, citing the one-year rule and a violation of her right to due process.
Still, Cayosa highlighted that the impeachment process is “sui generis”—a unique function of the Senate that may operate independently from the judiciary. “They have all the leeway. So maaari ho nilang gawin iyon, at maiintindihan natin. But that all depends if they have the political will or the numbers to proceed with the impeachment trial,” he said.
Senators, meanwhile, remain divided on the next steps. Senator Bam Aquino backed the continuation of the impeachment trial, saying the Senate must fulfill its constitutional role and should convene a caucus immediately to respond to what he described as a decision that “ignored” their duty.
On the other hand, Senator Tito Sotto is adopting a wait-and-see approach, saying he’s reviewing the Supreme Court decision and consulting legal experts. “I was just told by a legal luminary that in this situation, we can disregard the SC decision. Let me study that advice,” he said.
