A Facebook (FB) reel claimed that the impeachment case of Vice President Sara Duterte has been “functionally dismissed.” This is false.
The June 4 video contained a clip of outgoing Senate Majority Leader Francis Tolentino delivering a speech at the Senate plenary, where he said:
“We must recognize this impeachment case is functionally dismissed by constitutional operation, and no action can be taken by the 20th Congress on the matter for lack of constitutional authority. Mr. President, kahit anong pilit, hindi maitatawid lalo na’t kung lalabag sa saligang batas (no matter how we insist, the impeachment cannot cross over especially if it will violate the Constitution).
The video was overlaid with the text:
“IMPEACHMENT NI VP (The VP’S impeachment), FUNCTIONALLY DISMISSED”
Tolentino’s speech in the Senate on June 2 was only a manifestation and not a declaration on the status of the case.
The outgoing senator delivered a speech on June 2, during the Senate’s regular session, expressing dismay at the delayed start of the impeachment trial and insisting that the Constitution prohibits the proceedings from crossing over to the 20th Congress.
Though the trial was originally scheduled to begin on June 11, the Senate convened as an impeachment court on June 10 to decide on a motion proposed by Sen. Ronald “Bato” Dela Rosa to dismiss Duterte’s case amid concerns over the constitutionality of the trial spilling over to the 20th Congress.
Eighteen senator-judges voted in favor remanding the Articles of Impeachment to the House to rectify “constitutional infirmities,” a proposal by Sen. Alan Peter Cayetano, who clarified that the move does not dismiss the case or acquit Duterte. Neither the Constitution nor the Senate rules on impeachment expressly prohibit or allow this move.
The vice president was impeached by the House of Representatives last Feb. 5 for “betrayal of public trust” on grounds of graft, corruption and malversation of confidential funds and threatening violence against the president, among other acts.
READ MORE: FACT SHEET: What to expect from the impeachment trial of Sara Duterte
The video uploaded by an FB user has garnered over 17,500 reactions, 1,900 comments, 2,200 shares and 928,000 views.
