ELECTION lawyer Romulo Macalintal doubts if the impeachment case against Vice President Sara Duterte would prosper, warning that time, not political maneuvering, may be the biggest obstacle.
“If the impeachment case against Sara Duterte starts being heard on June 2, that case is already dead,” Macalintal said in an interview posted online over the weekend.
The case, based on allegations of misuse of confidential funds and issuing threats against President Ferdinand Marcos Jr., first lady Liza Araneta Marcos, and House Speaker Ferdinand Martin Romualdez, was filed on Feb. 5.
Vice President Sara Duterte faces the media in this photo taken on Feb. 7, 2025, following her impeachment by the House of Representatives. PHOTO BY JOHN ORVEN VERDOTE
With 215 lawmakers endorsing it, far surpassing the required one-third of the House, the complaint was supposed to swiftly proceed to the Senate for trial, as mandated by the Constitution.
The swift transition never happened. When Congress adjourned on Feb. 5, the articles of impeachment had not yet been forwarded to the Senate plenary, stalling the process for months.
Senate President Francis Escudero has formally invited the House prosecution panel to present the articles on June 2, after which the Senate will convene as an impeachment court the following day.
Escudero has assured the public that the Senate is “prepared to receive” the House prosecutors.
Macalintal said this is too little, too late.
“The present Senate no longer has time — its term ends by June 30,” he said.
Macalintal cited Rule 44 of the Senate, which states that all pending matters and proceedings die with the adjournment or termination of Congress. This means the incoming Senate, which convenes after June 30, cannot simply resume the impeachment trial.
“If the new Senate revives it, it would be considered as if it were presented for the first time,” he said.
But here lies a problem: the Constitution explicitly prohibits the filing of more than one impeachment case against the same official within a one-year period.
“If there’s a new impeachment case, it would fall under what’s called the prohibition in our Constitution — you cannot have two impeachment cases within one year,” Macalintal said, suggesting that any renewed attempt would likely be blocked as unconstitutional.
“Even if the Senate wanted to continue, they would likely hit a constitutional wall,” he added.
Macalintal’s take on the impeachment case aligns with Escudero’s earlier public statements, where he described the June timeline as “practically unworkable.”
Macalintal, however, gives that assessment sharper legal and procedural grounding.
Despite the political eagerness among some lawmakers to press forward, Macalintal’s assessment suggests they may have run out of procedural runway.
“It’s not just a matter of political will or Senate floor debates,” he said. “It’s a matter of the Senate’s own deadlines and the Constitution’s limits.”
The Office of the Vice President confirmed on May 19 it had received the Senate’s letter regarding the June 2 proceedings.
Duterte’s camp has remained tight-lipped about its defense strategy. Sources close to Duterte told The Manila Times that they are banking on constitutional defenses, not just political alliances, to block the trial.
