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Senate returns Sara Duterte impeachment case to House for clarification

Photo credit: Senate of the Philippines

The Senate has voted to return the impeachment complaint against Vice President Sara Duterte to the House of Representatives, emphasizing that the case has not been dismissed but requires further clarification.

In a session held Tuesday, 18 senators voted in favor of a motion to remand the articles of impeachment to the House, while five voted against it. The move stemmed from a motion by Senator Ronald “Bato” Dela Rosa to dismiss the complaint due to “serious concerns” about its constitutional validity. However, Senator Alan Peter Cayetano proposed an amendment to instead return the complaint to the House without terminating the case.

Cayetano’s amendment requires the House to certify that the impeachment process did not violate Article XI, Section 3, Paragraph 5 of the 1987 Constitution, and to confirm its intent to pursue the case in the 20th Congress. The Senate adopted this amended motion, effectively pausing the proceedings pending clarification.

Senate President Francis “Chiz” Escudero clarified that the decision does not equate to a dismissal. “This is not a termination of the case. It is a procedural step to ensure constitutional compliance and clarity,” he said.

Despite the return of the articles, the Senate, acting as an impeachment court, issued a writ of summons to Vice President Duterte, requiring her to respond to the charges within 10 days. The House prosecution panel is expected to file its reply five days later. This move sparked debate, with Dela Rosa arguing that the court had lost jurisdiction by returning the articles. Senator Risa Hontiveros countered that the issuance of the summons contradicted the claim that the case was not being dismantled.

All 23 senators were present during the vote. Those who opposed the motion included Senators Nancy Binay, Grace Poe, Sherwin Gatchalian, Hontiveros, and Aquilino “Koko” Pimentel III.

Senator Poe expressed concern that the remand could be interpreted as an invalidation of the impeachment. “Remanding it—is it a nice way of saying we are invalidating?” she asked, emphasizing her desire to fulfill her mandate before the end of her term.

Senator Gatchalian also questioned the timing, suggesting that the Senate should have first heard the prosecution’s arguments before deciding on the constitutional issues.

The impeachment court was convened a day earlier than scheduled to address Dela Rosa’s motion. Senators took their oaths as judges on Tuesday, foregoing the planned presentation of the articles of impeachment by the House prosecutors.

Escudero adjourned the court session without setting a new date, pending further action from the House. He also defended the Senate from criticism over delays, pointing out that the complaint had remained in the House for months before being transmitted to the Senate in February.

The impeachment complaint against Vice President Duterte remains in limbo as the political and legal drama continues to unfold.