The prospect of Senator Ronald “Bato” de la Rosa dismissing outright the impeachment case of Vice President Sara Duterte on the basis of a lack of jurisdiction by the present Congress may prompt the Supreme Court (SC) to intervene, notwithstanding the political nature of the matter, a Charter framer said Thursday.

Lawyer Rene Sarmiento, a member of the Constitutional Commission that crafted the 1987 Constitution, argued that it would be “improper” for the Senate impeachment court to insist on junking the case on allegations that the 20th Congress has no jurisdiction to hear it, asserting that impeachment is a “non-lawmaking function.”

"If they force [to dismiss it with the absence of a trial], it will definitely go to the Supreme Court because that would no longer be consistent with the constitutional [provision] to proceed forthwith,” he said in an interview.

Sarmiento’s statement came on the heels of reports that De la Rosa, a staunch Duterte ally, plans to question whether the Senate in the present 20th Congress is still bound to act on the VP’s impeachment, which was initiated by the 19th Congress that closed on 30 June.

Half of the senators who were sworn in as judges in the previous Congress have already been replaced by another set of 12 senators—either re-elected in the 12 May polls, returning senators, or first-termers.

Even before the 19th Congress came to an end, De la Rosa had already attempted to dismiss the impeachment case, citing a jurisdictional issue, but failed. He refused to confirm on Wednesday whether he would raise the same motion again when the 20th Congress officially convenes on the 28th, though the prospect is not unlikely.

According to Sarmiento, an impeachment proceeding crossing over from one Congress to another is permitted in the United States, where the Philippines’ impeachment provisions were modeled after.

He cited the cases of then-US President Bill Clinton and incumbent President Donald Trump, whose impeachments stretched into a new Congress.

Clinton was impeached by the US House of Representatives in December 1998 during the 105th Congress but was only tried in the Senate in January 1999, after the 106th Congress convened. Trump’s second impeachment in January 2021, on the other hand, also jumped from the 116th Congress to the 117th Congress, after the new senators had been sworn in.

"This latest move by Senator De la Rosa is clearly a delay of our impeachment proceeding,” Sarmiento asserted.

Furthermore, he pointed out that De la Rosa’s reported plan would also contradict one of the grounds that the Senate invoked in remanding the impeachment complaint to the House: requiring the lower chamber to attest that it still intends to pursue the trial even in the new Congress.

In a separate interview, lawyer and constitutional professor Antonio “Tony” La Viña also contended that the Senate rule stating that unfinished business—such as bills, resolutions, and hearings—cannot be carried over into a new Congress does not apply to impeachment proceedings, as these are distinct from legislative functions.

“We've explained that several times already. The Senate is a continuing body. In legislation, that's [necessary], but in impeachment, it continues even if Congress changes. So, Senator Bato is wrong on that point,” La Viña averred.

Moreover, he expressed doubt that the so-called ‘Duterte bloc’ in the new Senate could muster the required number of votes to dismiss the complaint.

Charter framers and legal experts have warned of a potential grave abuse of discretion should the Senate impeachment court allow the dismissal of Duterte’s case in the absence of a fair trial. They emphasized that the chamber has no legal power to take actions beyond conducting a full-blown trial and rendering a decision.

Duterte was the first second-highest official impeached by the House on 5 February on grounds of graft and corruption, bribery, betrayal of public trust, culpable violation of the Constitution, and other high crimes.

She needs only nine votes for acquittal when the Senate impeachment court carries on with the trial. With six senator-judges reportedly aligned with her, she may need only three additional votes to secure a not guilty verdict.

The Duterte bloc reportedly comprises re-elected Senators De la Rosa, Christopher "Bong" Go, and Imee Marcos, as well as Senator Robin Padilla. Neophyte Senators Camille Villar and Rodante Marcoleta are also speculated to join the bloc.