Carpio: House followed impeach process

While the Supreme Court reviews petitions questioning the impeachment of Vice President Sara Duterte, retired Senior Associate Justice Antonio Carpio came to the defense of the House of Representatives, saying lawmakers strictly followed constitutional requirements.

Carpio, who is familiar with the House’s official legal response, cautioned the judiciary against overreach, stressing that the impeachment process strictly adhered to the Constitution.

He said, “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 10 session days, and referred to the proper Committee within three days thereafter.’”

According to official House records, the first impeachment complaint against the Vice President was filed on 2 December 2024. The chamber, which convenes from Monday to Wednesday, went on holiday recess from 21 December 2024 to 12 January.

Carpio explained that under these conditions, the 10th session day fell within the constitutionally mandated timeline.

He said the House indicated that the first three impeachment complaints were included in the Order of Business on the 10th session day following the filing of the initial complaint.

Carpio said that on that same day, a verified resolution signed by more than one-third of all House members was formally submitted to the chamber’s Secretary General, effectively triggering the Senate impeachment trial.

Quoting the Constitution, Carpio explained: “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,” Carpio said.

In its official reply to the Senate impeachment court, the House reiterated that all three prior complaints were “referred to the plenary within 10 session days,” echoing Carpio’s assertions.

Legal scholars have warned that a Supreme Court ruling nullifying the impeachment process could trigger a constitutional crisis and set a precedent for judicial encroachment on congressional prerogatives.

The former SAJ expressed concern over this possibility. “The Constitution was followed. The threshold was met. The process was legal and complete. That should be the end of it.”