Senate Votes Return Articles of Impeachment Against VP Sara Duterte
The Senate Impeachment Court voted 18-5-0 to return the Articles of Impeachment against Vice President Sara Duterte to the House of Representatives. However, the court clarified that this action does not dismiss or terminate the case. Senate President Francis “Chiz” Escudero, who presided over the impeachment court, confirmed the outcome after an amendment was introduced by Senator Alan Peter Cayetano to a motion by Senator Ronald “Bato” Dela Rosa.
“The Senate has no intention to dismiss this case but to give the (House) prosecution panel time to answer the questions raised without wasting the time of the court and while the impeachment court has yet to render its judgment,” Escudero explained. This key decision reflects the Senate’s effort to allow the House to certify compliance with constitutional rules before the trial proceeds.
Constitutional Compliance and Further Proceedings
Under the amendment, the House must certify that the impeachment process does not violate Article XI, Section 3, paragraph 5 of the Constitution. This provision prohibits initiating impeachment proceedings against the same official more than once within a year. The House must also clarify the circumstances surrounding the filing of the first three impeachment complaints.
Senators voted to require the 20th Congress House of Representatives to confirm their willingness to continue pursuing the impeachment complaint against the Vice President. Those in favor included Senators Alan Peter Cayetano, Pia Cayetano, Ronald Dela Rosa, Christopher “Bong” Go, Loren Legarda, Raffy Tulfo, Ramon “Bong” Revilla Jr., Robin Padilla, Imee Marcos, Cynthia Villar, Mark Villar, Joel Villanueva, Joseph Victor “JV” Ejercito, Jinggoy Ejercito Estrada, Francis Tolentino, Manuel “Lito” Lapid, Juan Miguel “Migz” Zubiri, and Escudero himself.
Opposing the motion were Senate Minority Leader Aquilino “Koko” Pimentel III and Senators Risa Hontiveros, Grace Poe, Nancy Binay, and Sherwin Gatchalian.
Impact on Impeachment Trial Schedule
With this decision, the planned presentation of the Articles of Impeachment by the House prosecutors on June 11 was canceled. Escudero noted that the presentation became “moot and academic” given the return of the documents to the House.
Senate Minority Leader Pimentel expressed concern about the motion’s language, calling it dangerous and open to multiple interpretations. “Kita naman natin sa explanation of vote ng ating mga kasama, suspend lang pala ang gusto, return ang ginamit. Return na nga ng ginamit, remand ang explanation,” he said, highlighting the confusion between “return” and “remand.”
He added, “Ganun kadelikado po ang lenggwahe na ginamit natin. Tapos yung gusto natin maachieve, madali lang yan that’s achievable by an advisory.”
Pimentel also pointed out that the motion refers to a body—the 20th Congress—that has not yet convened.
Concerns Over Ambiguity and Procedure
Senator Risa Hontiveros agreed, stating, “Ang return po ay ‘pasauli’ o ‘pagbalik.’ Sa usapin ng judiciary, nireremand ang kaso pabalik sa lower court for further proceedings.”
She criticized the wording as “dangerous and disingenuous,” especially given the supplementary application of court rules. Hontiveros suggested the same goals could have been met by simply requesting the House prosecutors to file clarifications.
Meanwhile, Senate Majority Leader Francis Tolentino defended his affirmative vote, reaffirming his position that the impeachment trial proceedings of the 19th Congress cannot carry over to the 20th Congress. He also referenced the second paragraph of the amended motion by Dela Rosa.
Senator Robin Padilla echoed this view, emphasizing that impeachment cannot be transferred to the new Congress.
Constitutional Adherence and Political Process
Senator Jinggoy Estrada justified his vote to return the complaint to the House, emphasizing strict compliance with the Constitution. “The process clearly begins in the House, and it is only proper that we respect this mandate to ensure fairness, due process, and institutional integrity,” he said. Estrada reminded that impeachment is a political, not judicial, process but stressed the importance of following procedures to avoid arbitrary or politically motivated actions.
Senator Sherwin Gatchalian explained his negative vote citing transparency concerns. He preferred an “open trial” where both prosecution and defense could present their cases fully, believing this would prevent defense tactics from exploiting procedural gaps.
Similarly, Senator Grace Poe respected the majority decision but noted that a trial does not equate to sentencing. She also supported the idea of hearing directly from the prosecutors for clarity.
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