SC ruling may spark political storm

The Supreme Court's unanimous decision declaring the fourth impeachment complaint against Vice President Sara Duterte unconstitutional will not cause a constitutional crisis but may ignite a political one, according to veteran election lawyer Romulo Macalintal.

Macalintal stressed that the high court’s ruling must be respected, as the impeachment process is inherently political rather than legal.

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

The Supreme Court ruled that the impeachment complaint, filed by members of the House of Representatives, violated the constitutional one-year ban on impeachment and also infringed on Duterte’s right to due process, as she was not given the opportunity to be heard before the Articles of Impeachment were transmitted to the Senate.

Despite the decision being “immediately executory,” Macalintal noted that it is not yet final. The House or the Senate may still file a motion for reconsideration (MR), which could allow the impeachment proceedings to continue while the MR is pending.

“This is where the political crisis arises,” Macalintal said, explaining that Duterte’s legal team is likely to file a motion to dismiss the case based on the Supreme Court’s ruling, while House impeachment prosecutors may oppose the move.

The Senate, sitting as an impeachment court, could then hold oral arguments or require pleadings to resolve the issue. “This will then unmask the individual position or partisan character of each and every senator on this highly politicized issue,” he said.

A simple majority vote — at least 13 senators — is needed to either grant or deny the motion to dismiss.

Macalintal concluded that the outcome will ultimately serve as a “test of [Duterte’s] political strength in the Senate Impeachment Court.”