Election lawyer cites ‘real challenge’ in Senate action on VP Sara’s impeachment

Legal observers, academics, and members of the Catholic Bishops’ Conference of the Philippines (CBCP) have raised concerns about how the Senate may proceed if Articles of Impeachment against Vice President Sara Duterte are transmitted by the House of Representatives and the upper chamber is convened as an impeachment court.

In a statement on Wednesday, election lawyer, Atty. Romulo Macalintal said there is “growing apprehension” in some sectors that the Senate may face procedural and legal questions not only on the timing of convening as an impeachment court but also on how the case could be resolved once it begins.

Macalintal noted that while there are concerns about possible delays in the Senate acting “forthwith” to constitute itself as an impeachment court, the more significant issue, he said, may arise after the proceedings begin.

He pointed to the possibility that the defense team of the Vice President could file or incorporate a motion to dismiss or quash the Articles of Impeachment, citing alleged violations of due process, political motivation, or lack of sufficient factual basis.

Macalintal stressed that the Senate Rules of Procedure on Impeachment Trials do not explicitly provide for motions to dismiss, but also do not expressly prohibit them. 

He said such a motion, if raised, could potentially be resolved by a simple majority vote of senators.

He further noted that this threshold of 13 votes in the 24-member Senate could be significant depending on the alignment of senators, particularly given that Senate President Alan Peter Cayetano currently leads the chamber.

“This is the same number of votes that secured the current Senate leadership. Given these numbers, the possibility of an early dismissal is a significant legal factor to consider,” he said. 

“Hence, we should not focus solely on whether the Impeachment Court convenes "forthwith." Instead, we must hope that the case is not dismissed on a mere technicality or the sheer power of the majority. For the sake of the rule of law, the case should be decided based strictly on the evidence and the law,” he added. 

Macalintal cautioned that any early dismissal of an impeachment complaint, if it occurs, could raise legal and political questions and emphasized that proceedings should be guided by evidence and constitutional process rather than procedural shortcuts.

“It is a fundamental principle that the prosecution must rely on the strength of its own evidence and not on the weakness of the defense,” he said. 

He also cited concerns raised by sectors, including legal academics and the Catholic Bishops' Conference of the Philippines, regarding the Senate’s readiness to properly exercise its role as an impeachment court.

Macalintal then stressed that any impeachment trial, if convened, should proceed in a manner consistent with due process and allow full presentation of evidence before any judgment is made.

“Justice is best served when the truth is allowed to come out through a full presentation of facts,” he said. 

“With known allies now holding the reins of the Senate, the public must remain alert to the procedural strategies that could abbreviate these proceedings. Vigilance is necessary to ensure that the process remains transparent and substantive. Remember: ‘Forewarned is forearmed,” he went on.