Ex-chief justice: Only VP Sara should raise one-year impeachment ban

June 16, 2025 , 09:42 PM

(June 16, 2025) – Former chief justice Reynato Puno on Monday said it is up to Vice President Sara Duterte – not the Senate – to raise the issue of the one-year ban on subsequent impeachment cases against an official.

Puno, who is also president of the Philippine Constitution Association (Philconsa), explained that the one-year rule should be part of Duterte’s “affirmative defenses” during the trial, and not something the Senate should address right away.

“Yung pag-question nung validity nung articles of impeachment ay may sariling panahon, at nagtatakda din kung sino ang dapat mag-raise ng punto na ito,” explained Puno on One News’ Storycon.

“‘Yung sinasabi nila na dapat ay maliwanag na dapat may compliance sa one-year rule, hindi naman jurisdictional ‘yun e. It goes to the course of action of the House prosecutors.”

Last week, the Senate, acting as an impeachment court, voted 18-5 to return the articles of impeachment to the House. The move, initiated by Senator-judge Alan Peter Cayetano, was described as a compromise aimed at upholding constitutional processes without outright dismissing the case.

The senators asked the House to certify that the articles of impeachment did not violate the Constitution. The upper house also requested a formal notice from the House confirming that the 20th Congress intends to pursue the case.

Before the vote, Sen. Bato Dela Rosa delivered a privilege speech urging the Senate to dismiss the case entirely, citing procedural flaws and what he called a last-minute transmittal of a fourth complaint. He noted Article 11, Section 3(5) of the 1987 Constitution, which prohibits initiating more than one impeachment proceedings against an official in a year.

Philconsa, an organization of legal luminaries as well as business and socio-civic leaders, earlier warned that the Senate’s decision to return the articles of impeachment “raises grave constitutional questions and challenges the integrity of the impeachment process.”

“Nire-raise namin ‘yang mga issue na ‘yan para tulungan ‘yang ating impeachment court para maayos ‘yung mga orders, hindi ma-question with respect to their constitutionality and their legality para umusad na ‘yang trial ng impeachment court,” added Puno.

The House impeached Duterte last February on allegations of constitutional violations, bribery, graft and corruption, and betrayal of public trust over her use of multi-million-peso confidential funds.

A House prosecutor has said the trial can proceed even without the additional documents the Senate is asking for, and that they plan to clarify the matter with their Senate counterparts.

Puno, however, insisted that instead of simply asking for clarification, the House should formally challenge the constitutionality of the Senate’s order.

“If they believe otherwise, they believe that the impeachment is a continuing body, they should raise that in a motion for reconsideration before the Senate impeachment court,” said Puno.

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