Senate’s Role in Impeachment Trial Explained
Senator-elect Panfilo “Ping” Lacson affirmed on May 31 that the Senate, when acting as an impeachment court, can proceed with Vice President Sara Duterte’s trial under the 20th Congress. He emphasized that this judicial function is separate from the Senate’s usual legislative duties, highlighting the chamber’s unique role in impeachment proceedings.
Lacson shared these insights during an interview with a local radio program. He acknowledged ongoing legal debates on whether an impeachment trial started during the 19th Congress can legally continue in the succeeding 20th Congress. Currently, he is reviewing pertinent court rulings and consulting with legal experts and former justices to prepare for possible challenges when the Senate resumes sessions in July.
Legal Precedents Supporting Trial Continuation
According to Lacson, there is relevant legal precedent that supports the continuation of impeachment trials across congressional terms. He cited a 2004 Supreme Court decision in the case of Pimentel vs. Joint Congressional Committee, which clarified that the Senate sitting as an impeachment court is not performing legislative duties. This distinction is important because it means the trial can be treated differently from regular Senate business.
He also referred to Senate Minority Leader Aquilino “Koko” Pimentel III’s interpretation, noting that Rule 44— which ends all unfinished Senate business after an adjournment—does not apply to impeachment proceedings. “It’s a different animal,” Lacson said, explaining that impeachment trials fall outside the usual legislative framework.
Impeachment Court Decisions Are Final
Lacson further explained that rulings made by the Senate acting as an impeachment court, such as those on jurisdiction or motions to dismiss, are final and cannot be appealed. “Once the impeachment court rules, it cannot be reviewed by the Supreme Court, unless perhaps the ruling is not on the merits but on a procedural motion,” he said in Filipino.
Regarding who has the ultimate authority to decide if the trial continues in the 20th Congress, Lacson stated that this decision rests solely with the Senate acting as the impeachment court. He explained that this determination typically requires only a simple majority vote, unlike the two-thirds majority needed for conviction.
“Pag sinabing 13 senators, walang jurisdiction, tapusin na natin ito, i-grant natin ang motion to dismiss, tapos ang kaso,” Lacson said. “Hindi kailangan ang 16 [votes] unless it’s for conviction,” he added, clarifying that 13 senators can end the trial by dismissing the case.
Pending Supreme Court Petition
A petition is currently before the Supreme Court, filed by Vice President Duterte, seeking to nullify the impeachment complaint against her on grounds of constitutional violations. She requested a temporary restraining order to halt the House of Representatives from proceeding with the impeachment and to prevent the Senate from acting on the complaint.
In her petition, Duterte asked the court to “issue a final injunction, nullify and set aside the Fourth Impeachment Complaint filed on Feb. 5, 2025,” and to declare that the one-year bar rule applies from the filing of the first impeachment complaint. She also asked the court to prohibit the Senate or its members from acting on the complaint in any way.
For more news and updates on impeachment trial continuation, visit Filipinokami.com.