What if Sara resigns?

Considering that the House Committee on Justice found probable cause to impeach VP Sara Duterte, with at least a majority of House members expectedly inclined to advance the complaint to the Senate, there are persistent rumors indicating that Sara might just resign from office — that is, if it becomes clear that the numbers would not be favorable to her.

According to some reliable sources, some senators are allegedly being pressured and offered bribes right now to vote for conviction, particularly those involved in the ongoing flood control project controversy. This reportedly explains why cases filed against them with either the Ombudsman or the Department of Justice have remained pending. The purpose is to use them as leverage.

Of course, these are just speculations. It would not be surprising, though, if they turn out to be true. Impeachment, after all, is a numbers game, where a mere semblance of legitimacy is needed to justify the outcome.

The Vice President surely knows this. So if she elects to resign even before trial commences or concludes, she would do so in the hope that it would avert the possibility of her being perpetually disqualified from running for office, which, incidentally, only the Senate can impose after a full-blown trial is conducted.

In fact, Senate President Tito Sotto shares the same sentiment. In one interview, he stated that if it happens, the proceedings would most likely be dismissed. Such a resignation, he emphasized, would render the proceedings moot and academic and prevent the final political penalty of perpetual disqualification. As a result, she can actually run again in 2028. As he emphatically explained, there is no point in removing someone who has just removed herself.

This, to a certain extent, makes sense considering that impeachment is a class of its own, whose purpose is just to remove and not necessarily to punish. In fact, when former Comelec Chairman Andy Bautista resigned from his post, the House Committee on Justice dropped the impeachment proceedings entirely, as there was no longer an active public official to remove from office.

At any rate, there is really no provision that directly addresses this concern. This is why some experts feel that, notwithstanding her resignation — assuming she pursues it — the Senate can still proceed with the trial, considering that there is this other issue of disqualification, which is separate from resignation.

Article 11, Section 3 of the 1987 Constitution clearly states that judgment in cases of impeachment shall include both removal from and disqualification to hold any office. Hence, resignation does not moot the proceedings, as the Senate can still decide whether or not to disqualify her.

Ultimately, if and when Sara chooses to resign, it seems only the Supreme Court, being the final arbiter, can resolve all legal issues surrounding it. Oh well.