First impeachment raps vs Marcos hit roadblock

Key supporters of former president Rodrigo Duterte on Thursday attempted — unsuccessfully — to lodge the first-ever impeachment complaint against President Ferdinand Marcos Jr., accusing him of betrayal of public trust for allowing the transfer of the ex-leader to the International Criminal Court (ICC).

The 26-page complaint outlined allegations that Marcos committed impeachable offenses — culpable violation of the constitution and betrayal of public trust — by allowing the ICC to meddle in the country’s domestic affairs and arrest Duterte for crimes against humanity linked to his bloody drug war.

“President Marcos Jr. ceded sovereign control over a domestic legal matter to an international body that no longer holds jurisdiction over the Philippines,” the complaint reads. “This act is a blatant constitutional violation of national sovereignty: Firstly, the constitution expressed that jurisdiction over crimes committed in the Philippines belongs to Philippine courts.”

The filing of the historic complaint, however, hit a roadblock as Secretary General Reginald Velasco—who is mandated to receive the petition—was nowhere to be found, according to petitioners Duterte Youth Party-list founder Ronald Cardema and his wife, former Rep. Marie Cardema.

The couple claimed that Velasco’s staff refused to receive the impeachment complaint, insisting that only the Secretary General himself was authorized to receive it.

Under the rules of procedure in impeachment proceedings: “A verified complaint for impeachment by a member of the House or by any citizen upon a resolution of endorsement by any Member thereof shall be filed with the office of the Secretary-General.”

The couple contended, “It does not state that it should be the Head of Office himself. It is a ministerial duty for any government office to receive documents.”

DAILY TRIBUNE has reached out to Velasco for comment, but has not received a response as of press time.

The impeachment complaint is likely to be endorsed by Duterte Youth Rep. Drixie Cardema, the sister of Ronald.

The Cardemas, known supporters of the former president, argued that Marcos’ permission to turn over Duterte to the ICC “constitutes an overt act of political persecution and abuse of power.”

They asserted that Marcos failed to uphold his constitutional duty by “fail[ing] to intervene or remedy the situation” despite being fully aware of the ongoing arrest.

“By permitting the arrest under questionable legal grounds, President Marcos Jr. has effectively sanctioned an attack on the rule of law. His administration's involvement—whether through direct command or through agencies acting under his control—demonstrates a systemic disregard for fundamental civil liberties,” the complaint reads.

“Culpable violation of the Constitution, as an impeachable offense, requires a deliberate and wrongful breach of the fundamental law. President Marcos Jr.'s actions or willful inaction constitute precisely that. His role in this incident is not merely incidental but indicative of an overarching pattern of governance that prioritizes political interests over constitutional fidelity,” it added.

The 80-year-old Duterte has been in ICC custody in The Hague, Netherlands, since his arrest on March 11 in Manila. He faces a single count of crimes against humanity that took place between November 1, 2011, and March 16, 2019, during his tenure as Davao City mayor and as president.

The petitioners argued that the ICC no longer has the right to meddle in the country, citing the Philippines’ withdrawal from the Rome Statute, the treaty that established the ICC, in March 2019.

The ICC has insisted, however, that it retains jurisdiction over crimes committed when the Philippines was still a state party to the treaty.

Extensive process

Under the Constitution, the Secretary General must refer an impeachment complaint to the Speaker within 10 session days of receipt. The Speaker will then forward it to the Committee on Justice, which has 60 session days to determine whether the complaint is sufficient in form and substance.

Congress is currently on a four-month break for the 12 May elections and only has six session days remaining when it reconvenes on 2 June, leaving lawmakers with limited time to act before adjourning sine die in the same month.

Nonetheless, Congress can expedite the process by taking the shortcut route: garner the required one-third of House members, or the equivalent of 106 votes, to bypass committee hearings and move it directly to the Senate for trial.

This was the same route taken by the House when it impeached Vice President Sara Duterte on 5 February and the late Supreme Court Justice Renato Corona on 12 December 2011.

But with Marcos’ allies holding a supermajority bloc in the House, the prospects for the impeachment’s success are unlikely to gain traction.