Senator Ronald “Bato” dela Rosa confirmed on Wednesday that he will be filing a Senate resolution seeking the “de facto” dismissal of the impeachment case against Vice President Sara Duterte, ahead of the scheduled presentation of the Articles of Impeachment on 11 June.

Dela Rosa admitted authoring the unnumbered resolution, saying it was on his initiative to defend the elder daughter of former President Rodrigo Duterte. He said the Vice President had no prior knowledge of his move.

“No. I don’t know now because this has already blown up — the news has come out. I don’t know if it has reached her, but if you’re asking whether I personally reported it to her, no,” Dela Rosa told reporters in an interview.

“Whether or not I can get support from the majority, I am confident that I made a stand as far as the issue is concerned,” he said.

The resolution points out that since the impeachment trial is set just two days before Congress adjourns on 13 June, there would not be enough time to deliberate and resolve the matter. It suggests the case should be “deemed de facto dismissed” due to timing constraints and constitutional guarantees of a speedy resolution.

Senate President Francis “Chiz” Escudero initially denied knowledge of the resolution, saying no such measure had been filed or officially submitted.

“Any circulating resolution without a named author, which was merely shown to me by the media is, as they say, a mere scrap of paper — unless someone files it, unless someone authors it, unless it is debated, and unless it is voted on,” he said.

“As of last night, even this morning when I asked due to the media inquiries, there was no such resolution — nothing of that kind or similar — that has been filed or submitted to the Senate as of now. So we have no resolution to act upon, whether identical, related, or similar to what is currently circulating,” he added.

Marcos calls for caucus

Senator Imee Marcos, however, acknowledged seeing multiple drafts circulating among the senators.

“There are many versions, all looking for the most effective and legally sound solution,” she said, while urging a Senate caucus to clarify their next steps.

“It was his [De la Rosa’s] initiative, but there have already been several drafts. I don’t know if it will push through if that’s really the final one. It depends,” she said.

“Definitely, it will be thoroughly discussed. There are so many options and so many unclear ones, so what we want is the one most aligned with the law and also the fastest, because we only have a few days left. Just three days remain,” she said.

Senator Marcos also brought up the issue of continuity.

“If it will be carried over to the 20th Congress, that’s also a big question. We don’t know. That’s why it has to be discussed carefully. That’s why I’m urging the Senate President to call for a caucus,” she said.

Senators JV Ejercito, Joel Villanueva, Risa Hontiveros, and Cynthia Villar said they hadn’t seen any draft.

Pimentel: resolution flawed

Meanwhile, Senate Minority Leader Koko Pimentel called the resolution flawed, both legally and constitutionally.

“Flawed logic. Big chance not authentic. Even quotation of the constitutional provision is not accurate,” he said.

Still, De la Rosa stood by the measure, saying his team had done its homework.

“Whatever, we each have our own opinion. That was studied. My legislative staff did research on that,” he said.

The unnumbered resolution argues for the “de facto” dismissal of Duterte’s impeachment case “by operation of the 1987 Constitution.”

“[T]he presentation of the Articles of Impeachment to the Senate plenary is scheduled on 11 June 2025, or a mere two days before the sine die adjournment of the 19th Congress on 13 June 2025,” the draft reads.

“[T]his leaves the current Congress with no sufficient time to fully deliberate and resolve the Articles of Impeachment as the matter cannot cross over to the incoming 20th Congress which will convene on the fourth Monday of July 2025.”

“[C]onsistent with the foregoing, the Articles of Impeachment against Vice President Duterte must necessarily be deemed de facto dismissed, by virtue of the inability of the Senate to properly consider the same because of the timing of the transmittal thereof by the House of Representatives,” it adds.

The resolution cites Article XI, Section 3 (6) of the 1987 Constitution: “The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation.”

It also references Article III, Section 16, which guarantees “all persons the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.”

Support of several senators

De la Rosa said several senators had expressed interest in supporting the resolution, and he was open to incorporating suggestions from other drafts to ensure wider support. He expects to finalize and submit the resolution by Wednesday, 4 June, or Monday, 9 June.

“Many already. I’ll just wait. I already have a number, but I can’t say yet how many. The number can be anywhere from zero to 24, right?” he said on the number of senators who had expressed interest.

He confirmed he would be the main author of the resolution once it is officially filed, though he is open to co-authorship.

“That will come out once there’s a final draft,” he said.

De la Rosa also said the resolution will be automatically brought to the plenary for discussion once it is submitted.

To recall, Escudero had moved the presentation of the Articles of Impeachment to 11 June — the final session day of the 19th Congress. Initially scheduled for 2 June, this step marks the beginning of the impeachment proceedings in the Senate, which would then constitute itself as an impeachment court.

Vice President Duterte was impeached by the House of Representatives on 5 February, with 215 lawmakers — more than two-thirds of the members — voting in favor.

If convicted by the Senate, Duterte would be removed from office and permanently barred from holding any public position.

For Duterte to be convicted, the Senate, as the impeachment court, must secure two-thirds of the votes — or at least 16 of the 24 members.