FLAG Calls for Supreme Court Review on Sara Duterte Impeachment
MANILA, Philippines — The Free Legal Assistance Group (FLAG) has urged the Supreme Court to reconsider its ruling on the impeachment complaints against Vice President Sara Duterte. FLAG warned that the decision could set a dangerous precedent, weakening the accountability of the nation’s highest officials.
FLAG interim chair Theodore Te emphasized the need for the high court to review its retroactive application of new interpretations concerning impeachment requirements and the one-year time bar. He also criticized the court for imposing unduly strict conditions on the impeachment process.
Concerns Over New Impeachment Rules
“To our mind, the decision, if not reconsidered, creates a dangerous precedent that seriously undermines impeachment as the ultimate accountability mechanism under the 1987 Constitution for the highest-ranking public officers,” Te stated. He added that the speed at which the ruling was issued was surprising, considering the complex issues involved deserved deeper reflection and debate.
Te, who is a human rights lawyer and former Supreme Court spokesperson, criticized the justices for “over-judicializing” the impeachment process. The ruling, he said, effectively shields impeachable officials by making the filing of complaints excessively demanding and tedious.
Supreme Court’s Unanimous Decision and Its Impact
In a unanimous 13-0 decision, the Supreme Court declared that the first three impeachment complaints against Sara Duterte were archived and dismissed as of February 5. Consequently, no new impeachment complaints can be filed until February 6, 2026.
The decision, authored by Senior Associate Justice Marvic Leonen, affirmed that all legal questions involving impeachment are subject to judicial review. The ruling highlighted the unique character of impeachment as both a constitutional and political process, noting that due process and the right to a speedy trial apply throughout.
Issues with Retroactive Application and Due Process
FLAG’s Theodore Te argued that the ruling was unfair because it introduced new rules mid-proceeding, altering the accountability framework under Article XI of the Constitution. The court applied its new interpretations retroactively to cases filed before these rules existed.
“It effectively changes the rules midstream. The impeachment complaints were filed under a previous, then-unchanged understanding of the word ‘initiate’ in relation to the one-year bar and should, thus, have not been subjected to an interpretation of the same provision that did not yet exist at the time they were filed,” Te explained.
He insisted the complaints were filed validly under the original legal understanding and should have compelled the Senate to promptly proceed with the impeachment trial of the Vice President.
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