(May 30, 2025) – Former Senate president Franklin Drilon said the Senate is constitutionally obligated to proceed with the impeachment trial of Vice President Sara Duterte, regardless of President Ferdinand Marcos Jr.’s apparent reluctance to see it through.
In an interview over One News’ Storycon, Drilon stressed that the impeachment process must move forward under the Constitution.
“Whether the president is for or against it, it must continue,” Drilon said. “It is not optional.”
The House of Representatives transmitted the impeachment complaint to the Senate shortly before the adjournment of the 19th Congress, casting uncertainty over whether the trial can proceed in the 20th Congress, which begins in July.
Drilon, a former justice secretary, said there are no precedents to guide Congress, but he outlined three possible actions the Senate impeachment court could take:
– dismiss the complaint for lack of jurisdiction
– proceed with the trial while deferring judgment on jurisdiction
– deny any motion to dismiss outright
Whichever path is chosen, Drilon said the issue will likely end up in the Supreme Court.
“It will go to the Supreme Court, and the gods in Padre Faura can take their time,” he said, referring to the High Court justices who could issue a Temporary Restraining Order (TRO) that would pause the trial indefinitely.
“In my mind, it will not be unusual and it will not be improper for the Supreme Court to issue a TRO because these are there are no precedents here they can issue a TRO and in the meantime there will be no trial whatever is the decision of the impeachment court and you know I think it’s accepted that a trial will not be to the political benefit of Vice President.”
Drilon, who twice served as an impeachment court judge during his tenure in the Senate, believes the proceeding with the trial is necessary.
“The people are entitled to know the truth behind these allegations regardless of technicalities, regardless of the opinion of the president,” he said. “We have to know the truth.”
The impeachment complaint, signed by 215 congressmen, reportedly involves serious allegations against Vice President Duterte, including misuse of confidential funds. Drilon warned that shelving the process for political expediency would leave the public “hanging” and undermine accountability.
“Impeachment is the only remedy available if a public official does not deliver their mandate. These are grave accusations. If you just leave it hanging for political convenience, what kind of message does that send?” Drilon said.
Despite the political maneuvering expected to delay or derail the process, Drilon said the Senate cannot shirk its duty.
“Once you start the trial and present evidence, you never know what will happen next,” he added, referencing the 2001 impeachment of former president Joseph Estrada that triggered a popular uprising.
Drilon concluded that while legal questions abound, the underlying issue is ultimately political.
“This is not just a legal question. This is a political question. And the political leader of the country — the president — cannot pretend to be neutral. His signals matter.”
(AGD)
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