VP impeachment ‘doomed’ by constitutional ban, says lawyer

Veteran election lawyer Romulo Macalintal said Sunday that an impeachment case against Vice President Sara Duterte faces significant time constraints, potentially rendering it unviable.

Macalintal disclosed that even if the House of Representatives transmits the Articles of Impeachment to the Senate by 2 June — as some lawmakers hope — the impeachment trial would effectively be “dead on arrival.”

“If the impeachment case against Sara Duterte starts being heard on 2 June, that case is already dead,” Macalintal said in an interview. “The present Senate no longer has time — its term ends by 30 June.”

He pointed to Rule 44 of the Senate’s rules, which dictates that all pending matters and proceedings cease with the adjournment or termination of Congress.

This means the incoming Senate, which convenes after 30 June, 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,” Macalintal explained. However, he cited that the Philippine Constitution 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 warned, suggesting that any renewed attempt would likely be blocked as unconstitutional.

Macalintal’s assessment comes amid political discussions about the feasibility of impeachment proceedings against Duterte.

To recall, Senator Francis Escudero had previously raised concerns about the impracticality of the June timeline, a view now supported by Macalintal’s analysis of procedural and constitutional rules.