The Supreme Court’s (SC) unanimous ruling declaring the impeachment complaint against Vice President Sara Duterte unconstitutional has set the stage for a brewing political showdown, according to election lawyer Romulo Macalintal.

Macalintal issued the statement on Sunday, even as the Partido Demokratiko Pilipino (PDP), the political party of detained former President Rodrigo Duterte, emphasized that the decision must be respected.

Downplaying fears of a constitutional crisis, Macalintal claimed that the decision — though not yet final — reflects the inherently political nature of the impeachment process.

“The SC decision should be respected, more so if we consider the fact that the issues and the parties are more political than legal,” Macalintal noted, invoking Associate Justice Samuel Gaerlan’s 2024 opinion that “politics and factionalism must halt at the Court’s gate.”

The high tribunal found that the House of Representatives violated Duterte’s right to due process when it transmitted the Articles of Impeachment to the Senate without giving her a chance to be heard.

The SC also ruled that the complaint breached the one-year ban on the filing of successive impeachment complaints.

Though the decision is “immediately executory,” Macalintal pointed out that either the House or the Senate may file a motion for reconsideration.

“This is where the political crisis arises,” he warned. Duterte’s legal team is expected to seek the dismissal of the case on the strength of the Supreme Court ruling, a move that impeachment prosecutors are likely to oppose.

If the Senate, sitting as an impeachment court, opts to proceed while the motion for reconsideration is pending, it could trigger oral arguments or require written pleadings to settle the dispute.

“This will then unmask the individual position or partisan character of each and every senator on this highly politicized issue,” Macalintal said.

He added that the vote of a simple majority to either grant or deny the motion to dismiss would be a “test of [Duterte’s] political strength in the Senate impeachment court.”

Meanwhile, PDP aired its strong disapproval of what it described as the “dangerous mindset” of lawmakers who appear willing to ignore the high court’s ruling.

“PDP once again expresses its deep concern regarding the dangerous mindset of certain members of the Senate and the House of Representatives in saying that the unanimous decision of the Supreme Court invalidating the impeachment complaint against Vice President Sara Duterte may be disregarded,” said Atty. Ferdinand Topacio, PDP spokesperson on the impeachment complaint against Duterte.

Topacio lambasted senators who rely on “dubious interpretation of the Constitution, or on the advice of certain unnamed ‘legal luminaries.’” One senator who said the trial can proceed was Bam Aquino.

He warned that such defiance could lead to criminal liability under the Anti-Graft and Corrupt Practices Act. “We must remind these persons that if they persist in their misguided plans, they will be liable for corrupt practices as defined under Sec. 3(a) of Republic Act 3019,” he said.

Topacio emphasized that Supreme Court decisions are part of the law of the land.

“The PDP, in fealty to its fundamental beliefs, remains ready to file the proper criminal charges against those who will violate laws, in the fullest support of the judiciary and in order to uphold the rule of law in our country,” he said.