Next Senate can treat impeach bid ‘as if filed for first time’ – lawyer

Vice President Sara Duterte speaks during a press conference at her office in Manila on December 11, 2024. Philippine lawmakers on February 5 voted to send articles of impeachment against Vice President Sara Duterte to the Senate, a day before the current congressional session was set to end. (Photo by TED ALJIBE / AFP)

MANILA, Philippines — The next Senate can treat the petition to impeach Vice President Sara Duterte “as if it were filed for the first time” if the chamber cannot finish a trial before the 19th Congress adjourns, according to veteran lawyer Romulo Macalintal.

In a statement on Thursday, he cited the 2008 Supreme Court decision in Garcillano vs. House of Representatives, where the high court ruled that “it is merely optional on the Senate of the succeeding Congress to take up such unfinished matters, not in the same status, but as if presented for the first time.”

“[T]he succeeding Senate can treat it as if filed for the first time because the succeeding Senate, as likewise held by the SC in Garcillano, ‘should not be bound by the acts and deliberations of the Senate of which they had no part,’” he added.

Macalintal also cited Section 123 of Senate Rule XLIV: “All pending matters and proceedings shall terminate upon the expiration of one Congress but may be taken up by the succeeding Congress as if presented for the first time.”

Macalintal issued the statement after Senate President Francis Escudero said on Thursday that there would be no impeachment trial against Duterte during Congress’ break for the midterm election.

READ: No impeachment trial vs VP Duterte during break of Congress – Escudero

Duterte was impeached after 215 members of the House of Representatives endorsed the fourth impeachment complaint on Wednesday. The petition was sent to the Senate for a trial on Wednesday afternoon, but the chamber went on its break without discussing the impeachment bid.

Macalintal said “The present Senate has to immediately convene as an impeachment court if it wants to terminate or finish this impeachment case before June 13.”

The Senate will resume session on June 2 and will be adjourned again starting June 14.

READ: VP Duterte’s trial next Congress? De Lima says it’s ‘open question’

Lawyer and former senator Leila De Lima previously said that a trial in the Senate after the next Congress takes office is an “open question” since impeachment was a “special mandate.”

If two-thirds of senators vote to convict Duterte, she will be removed from office and disqualified from holding any office afterward.