The Supreme Court (SC) has consolidated the petitions challenging the impeachment proceedings against Vice President Sara Duterte but stopped short of halting the process, directing the respondents to comment within 10 days.

In a Wednesday press briefing, the High Court said it merged two petitions — one filed by lawyer Israelito Torreon and another by Duterte — both questioning the constitutionality of the House Committee on Justice’s hearings on impeachment complaints against the VP.

The Court emphasized that it did not issue a temporary restraining order or any injunctive relief following its en banc session on Wednesday. The impeachment proceedings at the House will continue pending further SC action.

Constitutional challenge

Duterte’s petition seeks to stop the ongoing hearings and nullify the committee’s actions, which she called “unconstitutional.” She cited the alleged violation of the Constitution’s one-year bar, arguing that the two pending complaints against her should not proceed after the dismissal earlier of a first complaint and the withdrawal of a second.

She also questioned the referral process to the House committee, claiming that it bypassed plenary deliberations, and accused the panel of overstepping its authority by effectively conducting a “trial in disguise,” a function reserved for the Senate.

“The Constitution confers no such authority to try evidence, issues, and matters, or cure fatal defects in the impeachment complaints… only the Senate acting as an impeachment court can do this,” Duterte said, alleging grave abuse of discretion.

She criticized the committee for issuing subpoenas for her Statements of Assets, Liabilities and Net Worth, her business records, and NBI and CoA reports, as well as for calling witnesses, including alleged bagman Ramil Madriaga.

Duterte argued these actions indicated the House was adjudicating the merits of the case, thus exceeding its constitutional powers.

Duterte also challenged provisions in the Rules of Procedure in Impeachment, particularly Sections 7 and 8, claiming they allowed the committee to exercise powers reserved for the Senate. She said newly issued guidelines limited her ability to confront witnesses while giving her prospective prosecutors an advantage.

“There is a reason why impeachment is the road less travelled — it is often the wrong road. The Constitution reserves this sui generis process for the vilest and most treasonous acts committed by an exclusive list of impeachable officials,” she said.