MANILA, Philippines – Senator Imee Marcos confirmed on Wednesday the existence of a draft Senate resolution that seeks the “de facto dismissal” of the impeachment case against Vice President Sara Duterte. Marcos, a staunch ally of the Vice President, stated she has seen multiple versions of such drafts, all aimed at finding a legally sound solution without loopholes.

“One of the many drafts, each with a different purpose — I think that was the third one I saw. There are many versions, all aiming to find the most effective and legally sound solution, one without loopholes,” Senator Marcos said.

A leaked draft of the Senate resolution, circulated on Tuesday night, June 3, argues that the Senate violated the Constitution by failing to act “forthwith” on the Articles of Impeachment when they were transmitted by the House of Representatives on February 5. That date was the Senate’s last session day before Congress went on a three-month recess. The House had fast-tracked a fourth impeachment complaint against the Vice President, impeaching her on the same day with 215 lawmakers voting in favor.

The draft resolution further contends that the impeachment trial cannot carry over to the 20th Congress, which is set to begin on July 28. It cites the principle that “all pending matters and proceedings shall terminate upon the expiration of one (1) Congress, but may be taken by the succeeding Congress as if presented for the first time.” The document also references the Supreme Court ruling in the 2008 case of Neri v. Senate, which states that while the Senate as an institution is “continuing,” the Senate of each Congress acts “separately and independently” in its day-to-day business.

This position aligns with the arguments made by Senate Majority Leader Francis Tolentino during a Senate debate on Monday, June 2, where senators discussed whether the impeachment trial could extend to the next Congress.

However, opposition Senators Risa Hontiveros and Koko Pimentel have contradicted this view. Hontiveros argued that “allowing impeachment to cross over Congresses is consistent with American practice,” citing Thomas Jefferson’s Manual which suggests impeachment is not discontinued by the dissolution of Parliament. Pimentel also asserted that no constitutional provision prohibits the impeachment trial from continuing into the next Congress.

Senate President Chiz Escudero had previously postponed the reading of the Articles of Impeachment, the initial step of the proceedings, from June 2 to June 11, the last session day of the 19th Congress.

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