As far as two lawmakers are concerned, the third impeachment complaint against Vice President Sara Duterte, filed on 8 February, is the “safest” and better compared to the one filed in 2025.
According to House Justice Committee Chair and Batangas Rep. Gerville Luistro, in terms of compliance with the one-year bar on new impeachment bids, it is the safest amid questions over whether the first two complaints filed on 2 February violated the prohibition.
The lady solon said she expects that the issue about whether the first two complaints were filed within the proper period will be a point of contention during the committee deliberations.
The solon noted that the Supreme Court’s July 2025 decision voiding the articles of impeachment was explicit that a new complaint can only be filed on February 6, 2026.
The SC, though, in resolving the motions for reconsideration in a January 2026 resolution, said the first impeachment complaint filed against Duterte on 2 December 2024 should have been included in the Order of Business by 14 January 2025, but was not.
The high bench said that a complaint is deemed initiated if it is not placed in the Order of Business within 10 session days.
Given this, the parties behind the first new impeachment complaint said that the one-year bar lapsed on 15 January 2026.
However, Luistro noted that the Supreme Court’s January 2026 resolution did not go to the extent of saying that a new complaint may be filed by 15 January.
De Lima, on the other hand, said the impeachment complaints filed against the vice president appear to be better than what was used in 2025.
The Mamamayang Liberal Partylist solon said that the third group of complainants, composed of clergy members and lawyers, came to her requesting that their petition against Duterte be endorsed by her.
De Lima said when she studied the complaint, there was not much difference between the second complaint filed by civil society groups — which she also endorsed — prompting her to take on the job.
“So I said, okay, I will think about it, I will look at the complaint first, its contents, which I think is sufficient in form and in substance, I think there are enough grounds for impeachment, and that it will reach the concluding stage at the committee level, which is the evidentiary or the trial stage,” said De Lima.
She then said the grounds used are not that different from the complaint filed by 215 lawmakers last 5 February 2025, and may even be a better version of the previous raps.
In the resolution, the lapse of the one-year bar was merely by implication, she said.
“Nevertheless, I acknowledge that it creates confusion whether when, really, the one-year prohibition lapsed already,” she said.
She hopes to seek clarification on this, although she noted that the SC said it will no longer entertain any motion on this case.
She also said that members may raise the issue when the justice committee tackles the first two complaints against Duterte.
De Lima said she is anticipating that it will be one of the issues that will really elicit heated discussions and debates among the members, and it needs to be voted upon for them to be able to move forward.
Also, Luistro said the third complaint, filed on 8 February, is the safest because it clearly falls outside the one-year bar, regardless of whether the reckoning date was 15 January or 6 February.
The vice president is accused in the three impeachment complaints of misusing confidential funds and other high crimes and cites the affidavit of Ramil Madriaga, Duterte’s alleged former aide to the VP.