The pre-trial and potential trial for the impeachment of Vice President Sara Duterte are likely to be scheduled next month, according to Senate President Francis “Chiz” Escudero.

The timeline is dictated by the new composition of the 20th Congress, which officially assumes office on 28 July.

Escudero, who will preside over the Senate impeachment court, explained that a pre-trial cannot be set without the full participation of both the prosecution and defense.

He reiterated that the previous impeachment calendar would no longer be followed, as some members of both the House of Representatives and the Senate in the current Congress will leave office by 30 June.

“How can you set a pre-trial that requires both sides? It’s not acceptable if only VP Sara’s lawyer attends that. That would be one-sided — you can’t really call that a pre-trial anymore,” Escudero said Wednesday.

He noted that while the new Congress opens on 28 July, the House of Representatives must first elect new prosecutors from its members, as some from the original prosecution panel failed to secure new seats in last year’s elections.

Jurisdiction, one-year bar rule debated

Earlier, lawyer Antonio Bucoy, spokesperson for the House prosecution panel, indicated an intent to file a motion to set pre-trial and trial dates after submitting a reply to Duterte’s answer. However, Escudero dismissed this, stating Bucoy’s authorization expires on 30 June.

Escudero also affirmed that the Senate impeachment court did not lose jurisdiction over Duterte’s case when it ordered the Articles of Impeachment to be returned to the House of Representatives. He said the defense team’s argument to the contrary was merely a tactic, referring to the order itself which stated — “Return without dismissing nor terminating the case.”

In her “ad cautelam” submission to the Senate on Monday, The Vice President defense team argued that the vice president “cannot be compelled to answer allegations in Articles of Impeachment that had been ordered returned to its source.”

Her camp also sought dismissal of the complaint, citing a violation of the Constitution’s one-year bar rule, which prohibits filing more than one impeachment proceeding against the same official within a 12-month period.

The fourth impeachment complaint against Duterte was submitted to the Senate on 5 February, the last session day before the congressional break. House prosecutors argue that this complaint bypassed committee hearings and moved directly to the Speaker’s Office and plenary for adoption after being signed and endorsed by 215 lawmakers, exceeding the required one-third vote.

House certifies compliance amid scrutiny

On Wednesday afternoon, the House prosecution panel submitted a copy of Resolution 328 to the Senate, certifying that the impeachment proceedings initiated on 5 February did not violate the one-year bar rule. They also resubmitted a manifestation of their entry of appearance without reservation, confirming their intent to defend the charges.

These submissions signify the House’s compliance with the Senate impeachment court’s directives to proceed with the trial, which had been halted due to concerns over procedural rule violations and questions of the 20th Congress’s jurisdiction.

Despite the submission, the prosecution maintained its position that there was “no legal basis for the return of the articles of Impeachment forwarded to the Senate in accordance with the 1987 Constitution.”

Duterte’s allies, including Senators Christopher “Bong” Go, Ronald “Bato” Dela Rosa, Robin Padilla, and Imee Marcos, had questioned the legality of the impeachment crossing over into the 20th Congress, pushing for its dismissal based on the one-year bar rule. The motion was later amended to return the complaint to the House on 10 June.

The Senate impeachment court gave the House two conditions to proceed — certify that the articles did not circumvent the one-year prohibition and confirm their willingness to pursue the case in the next Congress.

While the House affirms strict adherence to the law, compliance with the second requirement is pending. House prosecutors previously argued that adhering to such a condition was difficult as the 20th Congress had not yet convened.

Former Supreme Court Associate Justice Adolfo Azcuna, a framer of the Constitution, warned that if the House fails to act on the remanded complaint before the 19th Congress ends on June 30, the 20th Congress would not be bound to re-transmit it, risking further delays.

VP responds to allegations

Duterte is the first vice president to be impeached by the House, facing charges including graft and corruption, bribery, betrayal of public trust, culpable violation of the Constitution, and other high crimes. The seven articles of impeachment largely stem from the alleged misuse of P612.5 million in confidential funds allocated to the Office of the Vice President and the Department of Education during her tenure as DepEd secretary. She has also been accused of plotting to assassinate the family of President Ferdinand Marcos Jr.

Duterte has consistently denied the corruption charges, insisting her confidential fund usage was lawful and her remarks about assassinating the Marcos family were “taken out of context.” She also recently dismissed allegations of her family being “pro-China,” stating her critics have long used this narrative.

“They should not make me answer if I am pro-China. Let him answer my question: Where is the independent foreign policy that is required by the Constitution? Where is it right now? Explain to the Filipino people how you are going to implement your independent foreign policy,” Duterte said.

“I am not pro any country at all. What I always say is, we need to develop, we need to maintain, and we need to level up our relations with all countries, not just China,” she added.

The vice president also criticized the President for conducting “photo ops” during the destruction of over P9.4 million worth of illegal drugs in Tarlac, suggesting the chief executive should prioritize improving Filipinos’ lives beyond staged events.

“It’s not the President’s job to do a photo op with confiscated drugs and a photo op destroying drugs,” she said.

Duterte expressed frustration with the country’s current state under the Marcos administration, describing it as “dire, it is sad, and for me personally, it is frustrating.” She previously confirmed she would not attend Marcos’ fourth State of the Nation Address next month.

She also defended recent personal travels abroad, including a trip to Melbourne, Australia, stating she was not on holiday and did not use public funds.

“It doesn’t mean that a personal trip is a holiday or a stroll. That’s what ‘personal’ means — no government money was used for this trip, but I’m still working,” Duterte said. “If they weren’t stupid, they would understand what I’m doing. They are stupid, that’s why they don’t understand. Let them sit and see. I won’t say what I’m doing. I don’t like talking about how I think and what I think, so if they want to read something into it, good luck.”

The Senate is expected to try her when the 20th Congress convenes on 28 July. A two-thirds vote, or at least 16 of the 24 senators, is required to convict and permanently bar Duterte from holding public office.