Solons agree: Same impeachment grounds can be refiled vs VP Duterte

MANILA, Philippines — Several lawmakers have agreed that the same grounds cited in Vice President Sara Duterte’s first impeachment case can be included in a new complaint, as no formal trial was held to discuss the issues raised.

In separate statements on Thursday, Batangas Rep. Gerville Luistro, Mamamayang Liberal party-list Rep. Leila de Lima, and members of the Makabayan bloc said that there would be no problem if the new complaints copy the issues mentioned in the first set of impeachment raps against Duterte.

Luistro, a lawyer and current chairperson of the House of Representatives’ committee on justice, said that the Supreme Court (SC) decision to uphold the unconstitutionality of Duterte’s impeachment was based on the process used and not the complaint’s content itself.

“I don’t think there is a problem with that because in the first place, there was no trial.  As a matter of fact the dismissal, by way of that Supreme Court decision, pertains to the matters that concern prior to the proceeding before the Senate,” Luistro, a member of the prosecution panel, said in an online interview with reporters.

“What was questioned was the process at the House of Representatives, so I don’t see any problem if they will be using some, or all of the grounds which were incorporated in the first impeachment complaint,” she added.

De Lima likewise said that the SC’s decision as announced on Thursday tackled technicality — noting that it is not a vindication for Duterte.

“SC’s ruling rests on technicality.  These (grounds) can be used for the filing. Still not a vindication.  No name has been cleared,” de Lima, who used to be the spokesperson for the first set of complainants, said.

Makabayan lawmakers — ACT Teachers party-list Rep. Antonio Tinio, Gabriela party-list Rep. Sarah Jane Elago, and Kabataan party-list Rep. Renee Co — said that they are ready to refile the impeachment complaint against Duterte.

It was Makabayan’s set of lawmakers for the 19th Congress — former ACT Teachers Rep. France Castro, former Gabriela Rep. Arlene Brosas, and former Kabataan Rep. Raoul Manuel — who endorsed the second complaint against Duterte.

“Despite this adverse ruling, we believe that the issues raised in the impeachment complaint against Vice President Duterte—including her alleged culpable violation of the Constitution, betrayal of public trust, and other high crimes—remain valid and must be addressed through the proper constitutional process,” Makabayan said.

“The Makabayan bloc is now prepared to refile the impeachment complaint against Vice President Sara Duterte because it is necessary and in the interest of the Filipino people,” they added.

According to Makabayan, Duterte should be “held accountable for her actions and omissions that have violated the public trust.”

“The confidential funds scandal, the misuse of public resources, and the pattern of abuse of authority cannot be swept under the rug simply because of procedural technicalities,” they said.

“The Filipino people deserve answers. They deserve accountability. And they deserve a Vice President who respects the Constitution and serves the public interest, not personal or political agendas,” they added.

Earlier, Luistro also said that she accepts the SC move to uphold its initial decision that declared Duterte’s impeachment as unconstitutional.

Luistro said that while it was frustrating, they were ready to accept whatever the SC’s decision will be.

Duterte was impeached last February 5, 2025 after 215 members of the House of Representatives of the 19th Congress filed and signed a fourth complaint, which was based on allegations of misuse of confidential funds in her offices, threats against ranking officials, and other possible violations of the 1987 Constitution.

The articles of impeachment were immediately transmitted to the Senate on the same day, in accordance with the 1987 Constitution — which mandates that a trial must begin promptly if at least one-third of all House members, or 102 out of 306 lawmakers from the 19th Congress, endorse the complaint.

READ: House impeaches Sara Duterte, fast-tracking transmittal to Senate

Trial, however, did not start immediately, as the articles of impeachment were not brought to the Senate plenary before session adjourned for the election season break.  The Senate also remanded the articles to the House for alleged constitutional infirmities.

In February also, two petitions seeking to halt the impeachment complaints against Duterte were filed before the SC. One of the petitions came from a group of Mindanao-based lawyers who argued that the House failed to observe constitutional rules requiring it to act on filed impeachment complaints within 10 session days.

The first impeachment complaint was filed by civil society groups in December 2024 but was only referred to the House Committee on Rules on February 5.

READ: Petition to stop impeachment trial vs VP Duterte filed at Supreme Court 

Duterte herself, represented by allied lawyers including her father, former president Rodrigo Duterte, also asked the SC to stop the impeachment proceedings on the basis that it violated Constitutional provisions stating that only one impeachment complaint will be initiated against a sitting official per year.

READ: VP Sara Duterte files petition at SC to stop impeachment moves against her

The House, however, asserted in its reply to the Supreme Court that all impeachment complaints were acted upon within the required 10 session days, emphasizing that “session days” should not be confused with “calendar days” or “working days.”

Eventually, SC spokesperson Camille Ting announced that the SC unanimously deemed the articles of impeachment forwarded by the House to the Senate as unconstitutional for violating the 1987 Constitution’s one-year bar rule.

The House submitted a motion for reconsideration to appeal the case.

SC then announced on Thursday afternoon that they have dismissed with finality the House’s motion for reconsideration.

The SC, in its ruling, has issued a seven-point guideline that should be followed to ensure fairness in the impeachment proceeding, including providing the respondent a copy of the Articles of Impeachment and evidence, and giving the respondent a reasonable time to respond. /jpv