Carpio defends House, says Duterte impeachment followed Constitution

While the Supreme Court continues to deliberate on petitions challenging the impeachment of Vice President Sara Duterte, retired Supreme Court Senior Associate Justice Antonio Carpio has come to the defense of the House of Representatives, asserting that lawmakers acted within the bounds of the Constitution.

Carpio, who is familiar with the House’s official legal position, said the lower chamber “strictly followed” constitutional procedures in handling the impeachment complaints and the subsequent endorsement of the case to the Senate for trial.

“The overriding issue here is whether the House of Representatives violated the constitutional provision mandating that an impeachment complaint ‘shall be included in the Order of Business within ten session days, and referred to the proper Committee within three days thereafter,’” Carpio explained.

According to official House records, the first impeachment complaint against Duterte was filed on December 2, 2024. The chamber, which holds sessions from Monday to Wednesday, adjourned for the holiday recess from 21 December 21 2024, to 12 January 12 2025. Carpio noted that, within these conditions, the 10th session day still fell within the constitutional timeframe.

He said the House manifested that the first three impeachment complaints were indeed included in the Order of Business on the 10th session day after the initial filing.

On that same day, Carpio added, a verified resolution signed by more than one-third of all House members was submitted to the Secretary General, automatically triggering the Senate trial, as mandated in the Constitution.

Quoting the relevant constitutional provision, Carpio said: “In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.”

“By operation of the Constitution, the verified resolution signed by more than one-third of all House members automatically became the Articles of Impeachment to be transmitted to the Senate,” he said.

The House reiterated this position in its formal reply to the Senate impeachment court, stating that all three complaints were “referred to the plenary within 10 session days.”

Several legal experts have warned that if the Supreme Court nullifies the impeachment process, it could lead to a constitutional crisis and establish a precedent for judicial encroachment into exclusive legislative functions.

Carpio echoed this concern, underscoring the finality of the House’s actions. “The Constitution was followed. The threshold was met. The process was legal and complete. That should be the end of it,” he said.