Senate Minority Leader Aquilino “Koko” Pimentel III has raised constitutional concerns over a resolution that seeks to declare the impeachment case against Vice President Sara Duterte effectively dismissed without trial.
Pimentel, a lawyer and veteran legislator, responded to a draft resolution introduced by Senator Ronald “Bato” Dela Rosa, which aims to declare the case against Duterte as “de facto dismissed” due to the Senate’s failure to act on it before the end of session last February.
He emphasized that such a move would be a direct violation of the 1987 Constitution.
“[It is still] unconstitutional if the impeachment case is summarily dismissed because the Constitution says ‘Trial by the Senate shall forthwith proceed,’” Pimentel said, pointing to the constitutional mandate for the Senate to act as an impeachment court once the House transmits its charges.
“Once someone has been impeached, the people have the right to know the evidence presented by their representatives in support of the impeachment, and the impeached official must also be given the opportunity to defend themselves and clear their name,” he added.
Vice President Duterte was impeached by the House of Representatives on February 5, with 215 lawmakers backing the move. The Articles of Impeachment were transmitted to the Senate the same day. However, the Senate did not begin the trial before the session ended.
Senate President Francis “Chiz” Escudero initially scheduled the presentation of the case for June 2 but later moved it to June 11, the final day of the 19th Congress’ session.
Majority Leader Francis Tolentino warned that if the trial is not completed before the 19th Congress ends on June 30, the proceedings would be “functionally dismissed,” as the Senate is not allowed to carry unfinished business into the next Congress.
But Pimentel strongly disagreed. “There is no provision in the 1987 Constitution that expressly prohibits the 20th Congress from continuing the impeachment proceedings,” he asserted.