(May 30, 2025) — A constitutional expert said the impeachment trial of Vice President Sara Duterte may likely reach the Supreme Court, citing the ambiguity in the 1987 Constitution on whether the process can carry over to the next Congress.
In an interview with One PH’s “Sa Totoo Lang” on Thursday, Atty. Michael Yusingco, a senior research fellow at the Ateneo Policy Center, said there is “nothing in the Constitution” that explicitly addresses if an ongoing impeachment can continue when a new Congress convenes.
This legal vacuum, Yusingco explained, opens the door to multiple interpretations. The articles of impeachment was transmitted to the Senate during the 19th Congress. But the trial is likely to proceed when the 20th Congress starts.
“There are actually four interpretations now,” he noted, which suggests the issue will inevitably reach the Supreme Court.
He singled out senator-elect Rodante Marcoleta as a likely petitioner. Marcoleta is a known ally of the vice president.
“From what we know of him, he’s the type to bring this up to the Supreme Court,” Yusingco said.
Despite the lack of constitutional clarity, Yusingco stressed that the Senate has the power to interpret its own rules and proceed with the trial.
On whether the trial can still be avoided, Yusingco said only a resignation by Vice President Duterte could potentially stop it.
“Kung nag-resign na siya, then parang wala nang purpose yung impeachment,” he explained. However, he acknowledged that some may still push for the trial to continue to secure a ruling of perpetual disqualification from public office.
The impeachment trial has been marred by delays and political tension. Senate President Chiz Escudero announced that the House of Representatives’ scheduled presentation of the articles of impeachment on June 2 was moved to June 11.
Yusingco said the delay could benefits Duterte by giving her more time to prepare and strategize.
“Ang delay ay ebidensya na hindi ginawa ng Senado ang trabaho nila,” he said.
(AGD)
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