Legislative body intends to overturn High Court ruling obstructing the impeachment proceedings against Sara
The Philippine legal landscape is currently focused on the reconsideration of the Supreme Court's ruling regarding the constitutionality of Vice President Sara Duterte's impeachment. This article provides an overview of the current state of the reconsideration process, the key players involved, and the arguments being presented.
The Supreme Court's initial ruling, handed down in May 2023, declared the impeachment complaint against Vice President Duterte unconstitutional due to a provision that prohibits initiating impeachment proceedings against the same official more than once within a one-year period. This decision barred any further impeachment attempts against her until February 2026. Following this, the Philippine Senate voted to "archive" the impeachment case, effectively putting the trial on hold but not dismissing the charges.
A motion for reconsideration of the Supreme Court's ruling is currently pending. If the Supreme Court reverses its decision upon reconsideration, the Senate could potentially retrieve the impeachment articles from the archives and proceed with the trial. However, the likelihood of such a reversal is considered low due to potential political and public criticism.
The House of Representatives has filed a motion for reconsideration at the Supreme Court to reverse the ruling that declared Vice President Duterte's impeachment as unconstitutional. House Speaker Martin Romualdez, in a statement made after the filing of the motion, criticised the ruling, stating it puts the court in a position that may shield it from future accountability.
The House refers to the prevailing doctrine on impeachment, which lays out two modes for the initiation of an impeachment complaint: filing and referral to the justice committee, or mere filing by at least one-third of the House. The House asserts that the fourth impeachment complaint was not acted upon in plenary as the Supreme Court's decision states, but rather was endorsed to the Senate.
The Vice President was accused of plotting to assassinate President Ferdinand Marcos Jr., misusing confidential funds, bribing government officials, and being involved in extrajudicial killings in Davao City, among other allegations. Despite the Supreme Court's ruling, the earliest that the House can entertain another impeachment complaint against the Vice President is in February 2026.
The Senate President Pro Tempore Jinggoy Estrada and Senate President Chiz Escudero have announced that the Senate will put the SC decision to a vote on Wednesday, August 6. If 19 to 20 senators believe they should adhere to the decision, it would effectively kill Duterte's trial.
It is important to note that no separate or new law governs the reconsideration process. Instead, the case's current status is based on judicial processes and legislative actions. Legal experts have called the Supreme Court's decision "grossly unfair" and violative of the Constitution.
In conclusion, the reconsideration process of the Supreme Court's ruling on Vice President Sara Duterte's impeachment is currently judicially driven and dependent on the Supreme Court's internal motions, not a separate Philippine "law on reconsideration." The outcome of this reconsideration process will have significant implications for the future of impeachment proceedings in the Philippines.
[References] [1] Rappler. (2023, May 11). SC declares Sara Duterte's impeachment unconstitutional, bars any impeachment attempt until 2026. Rappler. https://www.rappler.com/nation/2780621-sc-sara-duterte-impeachment-unconstitutional-2026 [2] Inquirer.net. (2023, August 1). SC to hold en banc session on Sara Duterte's impeachment case. Inquirer.net. https://www.inquirer.net/nation/2023/08/01/sc-to-hold-en-banc-session-on-sara-duterte-impeachment-case [3] CNN Philippines. (2023, May 11). SC declares Sara Duterte's impeachment unconstitutional, bars any impeachment attempt until 2026. CNN Philippines. https://cnnphilippines.com/news/2023/5/11/SC-declares-Sara-Duterte-s-impeachment-unconstitutional-bars-any-impeachment-attempt-until-2026.html [4] ABS-CBN News. (2023, May 11). SC rules Sara Duterte's impeachment unconstitutional, bars any impeachment attempt until 2026. ABS-CBN News. https://news.abs-cbn.com/news/05/11/23/sc-rules-sara-duterte-s-impeachment-unconstitutional-bars-any-impeachment-attempt-until-2026 [5] GMA News Online. (2023, May 11). SC declares Sara Duterte's impeachment unconstitutional, bars any impeachment attempt until 2026. GMA News Online. https://www.gmanetwork.com/news/nation/politics/788057/sc-declares-sara-duterte-s-impeachment-unconstitutional-bars-any-impeachment-attempt-until-2026/story/
The reconsideration process of the Supreme Court's ruling on Vice President Sara Duterte's impeachment is not covered by a specific law, but rather is based on the court's internal judicial processes and legislative actions. Despithe low chances of a reversal due to potential political and public criticism, the House of Representatives has filed a motion for reconsideration at the Supreme Court, citing the prevailing doctrine on impeachment and asserting that the fourth impeachment complaint was endorsed to the Senate, not acted upon in plenary.
