Senators who prejudge VP Sara impeachment could be sanctioned

Senators who prejudge VP Sara impeachment could be sanctioned — legal expert

June 7, 2025 , 05:20 PM

(June 7, 2025) — A constitutional law expert has warned that senators who publicly take a position on the impeachment complaint against Vice President Sara Duterte before the trial starts could be sanctioned for violating Senate rules on impartiality.

In a TV interview, lawyer and constitutional law professor Antonio La Viña stressed that senator-judges are bound by existing Senate rules to remain impartial throughout the impeachment process. A senator who would show bias before the trail risks several sanctions — from reprimand, suspension, to expulsion.

He raised concern over Senator Ronald “Bato” Dela Rosa’s reported circulation of a draft resolution seeking to junk the complaint outright — even before the trial begins.

“That’s in the Senate rule. And the reason for that is very simple. They represent us in this highest form of accountability. That’s the last point we actually make in our statement, that the highest form of accountability is the impeachment process,” La Viña said.

“They cannot prejudge. They have to behave with impartiality and with independence.”

While the Constitution does not explicitly outline penalties for senator-judges who breach this principle, La Viña emphasized that the Senate has the authority to sanction its own members, but expressed doubts if the upper chamber would actually do it at this point.

“They can reprimand Senator Dela Rosa. They can suspend him, expel him — but they won’t do that,” he said. “Maybe the Senate President can remind him of his duties as a senator.”

La Viña also clarified that only the Senate itself has jurisdiction to discipline its members in the context of impeachment, as the Supreme Court has no power over the chamber in such proceedings.

“In the judiciary, you can go to the Supreme Court and ask a judge to inhibit. In the Senate, that’s not an option. Only your fellow senators can remove you as a juror if you violate impartiality,” he explained.

Public statements that suggest senators have already made up their mind could be interpreted as grounds for disqualification, La Viña added, especially if they betray bias or lack of independence.

Despite his concern over recent developments, La Viña said he remains hopeful that enough senators will uphold their constitutional duties when the trial begins.

“I cannot believe that there are no 12 senators that have integrity, that knows its constitutional duty in the 19th Congress. And I cannot believe that we cannot find 13 good women and men in the Senate in the 20th Congress. They should listen,” he said.

The Senate is expected to convene on June 11 to determine whether to proceed with the impeachment trial, following the transmittal of the complaint from the House of Representatives.

[Editor’s note: This article was generated by a member of the News5 team using AI and then checked by an editor to ensure accuracy.]

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