Cayetano says Senate will hear evidence against Duterte only if complaint passes constitutional test

The Senate impeachment court will only move forward with presenting evidence against Vice President Sara Duterte once it determines that the complaint lodged against her meets constitutional standards.

Senator Alan Peter Cayetano, speaking to reporters, emphasized the crucial prerequisite before any proceedings can delve into substance. “I can only assure the public na aabot tayo sa ebidensya if the whole impeachment court says na wala itong fatal constitutional defect that takes out jurisdiction from the court,” he said.

Cayetano’s statement comes in the wake of Senate President Francis Escudero’s announcement that a motion to dismiss the impeachment complaint—whether from a senator-judge or Duterte’s legal team—can be decided by a majority vote. The move underscores how the Senate is still weighing the legality of the case before tackling the merits.

“Hindi pa pwedeng ipakita mo muna lahat ng ebidensya mo kay VP Sara, saka natin tignan kung may jurisdiction o wala,” Cayetano added.

Vice President Duterte and Senator Ronald “Bato” dela Rosa are both seeking to have the impeachment complaint dropped, citing a constitutional provision that restricts the filing of more than one impeachment complaint per year against the same official.

However, the House prosecution team maintains that only one verified complaint was officially filed—referring to the fourth complaint submitted on February 5 and signed by over 200 lawmakers. They argue that the three earlier complaints were not referred to the Speaker’s office and, therefore, never formally entered the process.

The large number of endorsements meant the fourth complaint met the threshold for direct transmittal to the Senate without further deliberation in the House Committee on Justice.

Cayetano clarified that Escudero’s comments about dismissal are not final, but part of a broader discussion. “Just because you can, it doesn’t mean you should. We really have to take a deep breath and think what’s best for the country,” he said.

He also explained why the Senate opted to return the complaint to the House temporarily, requiring them to submit certifications confirming that the filing did not breach the one-year limit and that the new 20th Congress would still pursue the case when it begins in late July.

Cayetano dismissed public concerns, saying the case is still within legal bounds. “Don’t panic because one, there’s the Supreme Court. If you have a majority who says that they (House) violated the Constitution, babagksak at babagsak ‘yan Supreme Court ‘yan. Secondly, what’s the worst case? They can file another one after one year,” he said.