JUNE 11, 2025 — Two incoming representatives and House prosecutors decried the Senate’s decision to send the impeachment complaints against Vice President Sara Duterte back to the House of Representatives.
This comes after the Senate, convened as an impeachment court, voted 18-5 on a motion to remand the complaint on Tuesday night.
In an interview with Ted Failon & DJ Chacha, incoming Akbayan Representative Chel Diokno stressed that this was a clear violation of the Constitution.
“Wala namang nakalagay kasi sa Konstitusyon na pwedeng i-dismiss o pwedeng i-remand o ibalik ang articles of impeachment. Malinaw na hindi ito ‘yung dapat na mangyari,” said Diokno.
Diokno added that the Senate could only return the complaint back to the House if it failed to gather signatures from at least 1/3 of the House, as prescribed in the Constitution.
Mamamayang Liberal Representative-elect Leila De Lima also slammed the remanding of the complaint, saying “there is no rule that allows this.”
“Harap-harapan na tayong niloloko. No justice in shutting the door before the people can speak. No truth in a court that silences both sides,” De Lima said in a statement.
De Lima also stressed that the Senate’s decision is more than just a setback but a “stain” on the law and the idea of accountability.
“You had one job: to let the truth be heard. Instead, you chose silence dressed as procedure. Delay disguised as order. Cowardice in the costume of rules,” she added.
IMPEACHMENT COURT MISSTEPS?
Shortly after the Senate convened on as an impeachment court on Tuesday night, Senator Bato dela Rosa reiterated his motion to dismiss the impeachment complaint, citing “constitutional infirmities.”
Another senator, Alan Peter Cayetano, moved to amend the motion and suggested sending back the complaint to have the lower chamber certify that they did not violate the Constitution and that the lower chamber in the 20th Congress remained interested in pursuing the case.
READ ALSO: Senate votes to return VP Duterte impeachment complaint to House
However, Diokno explained that all questions about the legality of filing of complaints should have been rendered moot when the House of Representatives transmitted the case to the Senate with at least 1/3 of the lower chamber signing the articles of impeachment.
“Ang dapat tutukan ay anong nangyari ‘nung na-transmit ‘yung articles na mayroon pirma ng 1/3 members ng house at bakit hindi agad-agad tinuloy ang trial,” he stressed.
Diokno also laid out the legal definition of a trial — which, in the case of Duterte’s impeachment, was supposed to begin in the Senate “forthwith”.
“Ang ibig sabihin ng ‘trial’ ay ‘yung pagtatanggap ng ebidensya, pag-uupo ng mga testigo, pagbibigay ng exhibits sa korte,” explained Diokno, also a private prosecutor during the Estrada impeachment case in 2001.
The Akbayan representative also questioned Dela Rosa’s motion to dismiss the complaint while the Senate was sitting as an impeachment court.
“Pwede ba mag-file ng motion ang isang judge? Sa court, ang pwede lang mag-file ng ganyang motion ay ‘yung parties—either defendant o ‘yung plaintiff,” he added.
Diokno said the Senate should subscribe to the impeachment process written in the Constitution instead of making up their own rules.
The focus of the impeachment should not be the process but the supposed violations to the Constitution committed by the second highest official in the land, he added.
“Parang nakakalimutan na natin na ang nililitis nitong impeachment case ay ‘yung pinaka-serious mga krimen na maaaring magawa ng isang government official na napakataas sa pwesto,” said Diokno.
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