Jurisdiction must be resolved first in Duterte impeachment – Cayetano

Senator Alan Peter Cayetano on Thursday talked about the upcoming impeachment trial of Vice President Sara Duterte and other matters on the sidelines of his sister’s and wife’s oath-taking ceremony in Taguig City. (Photo by NOY MORCOSO / INQUIRER.net)

MANILA,  Philippines — Sen. Alan Peter Cayetano believes that the impeachment court should resolve the issue of jurisdiction first before looking at the evidence against Vice President Sara Duterte.

Cayetano was asked in an interview on Thursday about some apprehensions that the impeachment case against Duterte may be dismissed without seeing the evidence against her.

“Some legal luminaries confused the public by saying that the evidence should come first. But what should always come first is jurisdiction,” Cayetano said.

He then cited the argument used by Sen. Ronald “Bato” Dela Rosa when he moved for the dismissal of the case against the vice president last June 10.

Cayetano later revised dela Rosa’s motion to just return to the House the Articles of Impeachment against Duterte “without dismissing nor terminating the case.”

Dela Rosa, a known ally of Duterte, claimed that the House of Representatives circumvented the one-year ban on filing impeachment cases with its “intentional inaction” on the first three complaints filed against her in December 2024.

Only the fourth impeachment case, backed by 215 House members, was transmitted to the Senate for trial last February 5.

“It was said that it was unconstitutional, since more than one impeachment was filed in a year,” Cayetano said, explaining dela Rosa’s position.

“So in any court, before you present the evidence, you first have to determine whether that court has jurisdiction or not,” he explained.

“So I can only assure the public the we will reach the point on evidence if the whole impeachment court says this has no more constitutional defect that takes out jurisdiction from the court,” he stressed.

Asked then if the issue of jurisdiction must be resolved first by the impeachment court, Cayetano said: “That’s the logical (way). Again, that’s what we should (do).”

“Now, don’t panic because first, there’s a Supreme Court. Second, what’s the worst case?” he asked.

“The worst case – they can file another one after the one year. What they are saying that all evidence can be released, they can do that in the committee on justice,” he pointed out.

But it might not reach that point, he said, if the majority of the 24 senator-judges rule that the impeachment court has jurisdiction over the case against Duterte.

The problem will arise if the majority will agree with the Duterte camp’s assertion that the House violated the Constitution. If that happens, Cayetano said, the issue might end up in the Supreme Court.

“So I’m not telling you what will happen. I’m not telling you my stand. What I’m telling you are the possibilities. That’s just the reality,” the senator further explained.

Duterte herself has already asked the impeachment court to dismiss the case against her, saying it was “void ab initio” or invalid from the outset as it violated the one-year ban on filing impeachment cases. /apl

NOTE: The English translations in the article were AI-generated.