Senate nails impeach shut
The Senate decision was reached after a caucus on Tuesday, where the sentiment among at least 19 to 20 senators emerged, which is to respect the SC ruling.
Daily TribuneThe Senate decision was reached after a caucus on Tuesday, where the sentiment among at least 19 to 20 senators emerged, which is to respect the SC ruling.
The majority of the senators have taken a stand to abide by the Supreme Court (SC) ruling that declared the articles of impeachment against Vice President Sara Duterte “unconstitutional.”
This effectively dissolves the impeachment court as the High Court ruled the process was unconstitutional ab initio, or from the start.
In junking the articles of impeachment, the High Court also ruled that the Senate could not acquire jurisdiction over the impeachment proceedings.
The SC en banc said the impeachment complaint “is barred by the one-year rule under Article XI, Section 3(5) of the Constitution,” and that it violated the right to due process enshrined in the Bill of Rights.
The Court, however, said “it is not absolving” Duterte from any of the charges against her.
The Senate decision was reached after a caucus on Tuesday, where the sentiment among at least 19 to 20 senators emerged, which is to respect the SC ruling.
“The sentiment of most of my fellow senators is to abide by the ruling of the Supreme Court,” a caucus participant said.
It was raised during the assembly that pushing forward with the impeachment trial despite the High Court’s ruling would risk plunging the country into a constitutional crisis.
Last week, the High Court voted 13-0-2 to strike down the impeachment complaint filed against Duterte, citing violations of the one-year bar rule under the Constitution and the Vice President’s right to due process.
The ruling emphasized that the Senate cannot assume jurisdiction over an unconstitutional complaint and, therefore, cannot convene as an impeachment court in this instance.
“There will be no trial. The Supreme Court said the Senate has no jurisdiction because the House filing was unconstitutional,” Senator Jinggoy Estrada said.
“We don’t have any jurisdiction anymore and the Senate will not convene as the impeachment court because we don’t have the jurisdiction,” he added.
Flirting with disaster
Although the SC decision can still be challenged through a motion for reconsideration (MR), Estrada emphasized that the Court had indicated it was immediately executory.
The Senate is “going to flirt with a constitutional crisis,” he added.
“Even if others argue otherwise, the Supreme Court’s ruling is final — for now. Unless the House’s MR is granted and the decision is reversed, we will comply,” according to the solon.
Senate President Francis “Chiz” Escudero’s had warned that defying the SC ruling would risk turning the Philippines into a “banana republic,” where institutions follow only the rules that suit them.
Escudero, a lawyer, said that regardless of personal opinions, once the SC decides, it must be respected and followed. Ignoring or defying its decisions could lead to a constitutional crisis.
A “banana republic” is a term used to describe politically unstable countries where the rule of law is weak or ignored.
Escudero emphasized, however, that it is merely his personal opinion, and the decision of the Senate majority will ultimately prevail.
The Senate will convene to discuss the SC decision on 6 August, but according to Estrada, the outcome is all but certain.
“I will abide by the decision of the Supreme Court. Even if their reason is valid, ultimately, it’s the Supreme Court that will be followed, not them. Unless the House files an MR and it gets reversed, we will abide by the ruling,” Estrada said.
Asked about how many senators support the immediate dismissal of the impeachment case, Estrada replied, “Let’s say, to comply with the ruling, around 19 to 20.”
Estrada clarified his estimate was based on the body language and comments of his colleagues. “It’s quite clear who they are,” the senator added.
Opposite side
Meanwhile, Senator Risa Hontiveros confirmed that four senators, including herself, have signed a resolution urging the Senate to continue with Duterte’s impeachment trial despite the SC ruling.
The resolution, reportedly co-authored by Senators Francis “Kiko” Pangilinan and Bam Aquino, is still seeking broader support.
In another development, the House of Representatives is preparing to file a motion for reconsideration, arguing that the Supreme Court’s decision was based on “incorrect findings” that contradicted official records.
The SC clarified that its ruling does not clear Vice President Duterte of any wrongdoing. A fresh impeachment complaint may be filed after 6 February 2026, in line with constitutional rules.
As of now, the upper chamber appears poised to respect the judicial authority, with Estrada stressing that constitutional order must prevail.
Senator Raffy Tulfo earlier said he was ready to do his duty as a judge of the impeachment court but he also respected the role of the SC in checking if government actions, including impeachment, followed the Constitution.
“While I have been ready to perform my constitutional mandate as a judge in the impeachment court, I likewise respect the mandate of the Supreme Court to determine if certain actions or processes of the other branches of government went beyond or against the provisions of our Constitution,” he said.
For his part, Senator Erwin Tulfo said he respects the ruling of the Supreme Court and its interpretation of the constitutional limits that guide the impeachment process.
Nonetheless, he earlier noted that the Constitution was clear that “the Senate shall have the sole power to try and decide all cases of impeachment.”
“If given the opportunity, I am prepared to discharge our solemn duty and allow the evidence to speak for itself,” he said. “I will act with my fellow senators in upholding our constitutional mandate with integrity and fairness.”
Senator Sherwin Gatchalian earlier expressed respect for the SC’s unanimous decision on the Vice President’s impeachment case, affirming that his actions are guided by the Constitution.
“My actions have always been guided by the Constitution, and I recognize the Supreme Court as the final authority in interpreting the legality of such proceedings. We will continue to uphold the rule of law and the principles of our democratic institutions,” he said.
Gatchalian emphasized the importance of upholding the rule of law and recognized the Supreme Court as the final authority on legal matters involving government proceedings.
“The Supreme Court has spoken and I respect the unanimous decision of the Court declaring the House of Representative’s impeachment complaint unconstitutional,” he said.
For his part, Senator Christopher “Bong” Go emphasized the centrality of due process, constitutional adherence, and the need to focus on genuine public service amid political distractions.
“Now that the Supreme has decided, we must respect it. I hope this paves the way for us to unite as one nation, for the sake of the country and our poor citizens,” Go said following the Court’s verdict.
He reiterated that political issues must not overshadow public service and the delivery of government programs.
Senator Loren Legarda had stressed the importance of the Senate coming together to discuss the impeachment issue collectively.
“Amid public confusion and varying opinions re the impeachment, it is incumbent upon the Senate to hold a caucus immediately and discuss it in the plenary so that the statements and decisions are not made unilaterally,” she said.
Senator Joel Villanueva emphasized the Senate’s commitment to upholding the rule of law, due process and constitutional procedures.
“The Senate has always acted with prudence, not haste. We remain guided by our duty to uphold the rule of law and respect due process,” he said.
“As an impeachment court and as a legislative body, we remain committed to following the Constitution and established procedures and will continue to do so.”