Constitution expert: Drug allegations vs Marcos not grounds for impeachment

Constitutional law expert Domingo Cayosa on Tuesday said the latest drug allegations hurled against President Ferdinand Marcos Jr. cannot be used as grounds for impeachment, stressing that any wrongdoing committed before a president assumes office is not covered under current jurisprudence.

Cayosa explained in a radio interview that impeachment proceedings may only cite acts performed while the official is already occupying an impeachable position. “Kung ang ginawa mo halimbawa nag-droga ka o gumawa ka ng mali noong panahon bago ka naging presidente, hindi puwedeng maging sakop ’yun ng impeachment case,” he said, adding that existing rulings are “logical” because impeachment is designed to hold an incumbent accountable for actions carried out while in office.

The drug allegations resurfaced after Sen. Imee Marcos publicly claimed during the Iglesia Ni Cristo rally that her brother had used illegal drugs in the past. Malacañang has pointed to a 2021 drug test which supposedly showed the President tested negative. Cayosa said the Palace may either dismiss the allegations outright or present an updated drug test “to put the matter to rest,” emphasizing that the response must be specific and credible.

However, he warned that sustained political noise risks diverting the nation’s attention from what he called the core public concern—corruption in government. “Ang nakakatakot dito ay baka nalilihis na tayo dun sa tunay na problema—’yung pagnanakaw sa kaban ng bayan,” he said, noting that repeated accusations are creating an environment where “patuloy pa rin ’yung nakawan.”

Cayosa also acknowledged perceptions that Marcos is becoming a weakened or “lame duck” leader amid parallel controversies—including corruption allegations in government projects, high-level Cabinet resignations, and new claims raised by his own sister. “You cannot avoid that,” he said. “Pero ’yung sinasabi n’yong impresyon, maco-correct ’yan. First, try to be accountable. How decisive you are in what you are doing—ano ba ’yung mga ginagawa mo na.”

The President, he said, should not only highlight ongoing investigations but strengthen systemic reforms—suggesting certifying the proposed Anti-Red Tape and E-Governance measures as urgent to ensure transparency through mandatory publication of budgets, project specifications, and implementation details. He added that broader public participation and stricter monitoring of government agencies would boost accountability.

Cayosa also welcomed recent moves to assign more courts to handle corruption and drug cases, saying this could expedite resolutions and prevent suspects from exploiting technicalities. He noted that even the judiciary itself has faced credibility issues following past controversies involving judges and justices.