Several Facebook (FB) posts claim that Vice President Sara Duterte has not been impeached because the Senate has yet to issue a verdict on her case, and that her trial cannot proceed after the midterm elections. This needs context.
Duterte was already “impeached” after more than one-thirds of the House of Representatives signed the verified impeachment complaint against her. It is the Senate’s decision to acquit or convict the vice president when it convenes as an impeachment court.
Moreover, while the current 19th Congress is set to adjourn on June 14, Senate President Francis Escudero said the vice president’s trial will be continued by the 20th Congress.
First published on Feb. 11, the post bore a photo of Duterte along with the caption:
“CLARIFICATION: VP SARA HAS NOT BEEN IMPEACHED! SA ISANG MALINAW NA PAG-USAP, HINDI PA NAIPAPATAPOS ANG PROSESO! Oo, inaprubahan ng Mababang Kapulungan (House of Representatives) ang impeachment complaint, PERO dadaan pa ito sa SENADO para sa trial. ➡️ Para ma-impeach si VP Sara, kailangan nilang makakuha ng 16 out of 23 votes sa SENADO!
(In a clear sense, the process is not yet over. Yes, the Lower House (House of Representatives) approved the impeachment complaint but this will go through the Senate for trial. To impeach VP Sara, they need to get 16 out of 23 votes in the Senate)!”
According to an impeachment primer released by the University of the Philippines College of Law, a public official is considered impeached if “Congress has found sufficient grounds to charge her so that she may be tried in the Senate.”
The existing Senate rules on impeachment also refer to a person who is the subject of an impeachment complaint as an impeached official.
The House charged Duterte with seven articles of impeachment on Feb. 5, after 215 of its members signed the verified complaint against her. Once trial commences in the Senate, a two-thirds vote (16 out of 24 senators) would be required to convict Duterte of the charges.
If she is convicted, Duterte would be removed from her post and be perpetually barred from seeking public office, including a presidential run, which she is “seriously considering” in the 2028 election.
The posts also claimed that Duterte’s impeachment trial can no longer take place during the 20th Congress:
“Kapag natapos ang eleksyon, may bago nang mga CONGRESSMEN at SENATORS. Ang bagong CONGRESS ay HINDI NA TATANGGAPIN ANG LAHAT NG NAIWANG ACTIONS NG LUMANG CONGRESS (19th CONGRESS). KAYA HINDI NA MAITUTULOY ANG IMPEACHMENT
Once the elections are over, there will be new congressmen and senators. The new Congress will no longer accept unfinished actions of the old Congress (19th Congress). So, the impeachment can no longer continue)!”
This also needs context. Senate President Escudero said the impeachment trial can be carried over to the 20th Congress because it is different from typical legislative bills that need to be refiled.
He added that the impeachment court “could possibly convene on June 2” for pre-trial procedures while actual trial may start “after June 30 once the new Senate enters into its function.”
Former Senior Associate Justice Antonio Carpio also believes that the proceedings could begin in the current 19th Congress and get decided upon by the next one.
However, lawyer Rene Sarmiento, one of the framers of the 1987 Constitution, argued that a “constitutional issue” may arise from such a setup.
Posted by pro-Duterte FB pages DUTERTE Media, RUN SARA RUN, DDS Confederation, SARA ALL, Maisug Pilipinas, President Duterte Movement and The Golden Views, the posts received 1,014 interactions.
