Senate can junk impeachment, reconvene if SC reverses order – Bucoy

MANILA, Philippines — It is within the authority of the Senate impeachment court to dismiss the complaint against Vice President Sara Duterte, but it must also reconvene should the Supreme Court (SC) overturn its initial decision, lawyer and prosecution spokesperson Antonio Bucoy said on Wednesday.

In a press briefing, Bucoy said that since the SC declared its July 25 ruling—which voided the articles of impeachment as unconstitutional—as “immediately executory,” the Senate, sitting as an impeachment court, is empowered to act on the matter.

"Yes, yes, the Senate can dismiss the complaint. It is within the bounds of law to follow it, but as they said, it is not yet final. Follow it now, enforce it now, but there is still a chance for it to be reversed or changed," Bucoy told reporters at the Batasang Pambansa complex when asked if the Senate can dismiss the complaint.

If the SC changes its stance, this means the articles of impeachment are still alive, and the Senate impeachment court must reconvene.

"Of course, because that means the articles are still alive if the Supreme Court takes back their decision after we have laid out our arguments to the motion for reconsideration," Bucoy said in Filipino.

"There is a chance, because we believe that our justices are also human, they can commit mistakes, that when we have laid out our arguments, the factual matters, they will be enlightened," he added.

Bucoy clarified that they are not criticizing the SC but are merely appealing by presenting facts related to the procedure.

"We are not criticizing the Supreme Court by virtue of the motion for reconsideration. We are just calling the attention of the High Tribunal, which is in keeping with our duties as lawyers, as citizens of this country. We acknowledge that there is a possibility for errors," he said in Filipino.

"Now, if we can lay the factual basis and the legal basis, we hope that the high tribunal will respond accordingly," he added.

On February 5, Duterte was impeached after 215 members of the House of Representatives from the 19th Congress filed and signed a fourth complaint. The filing was based on allegations of misuse of confidential funds in her offices, threats against ranking officials, and other possible violations of the 1987 Constitution.

The articles of impeachment were immediately transmitted to the Senate on the same day, in line with the 1987 Constitution, which requires that a trial must promptly begin if at least one-third of all House members—or 102 out of 306—endorse the complaint.

READ: House impeaches Sara Duterte, fast-tracking transmittal to Senate

Also in February, two petitions were filed before the SC seeking to stop the impeachment complaints against Duterte. One of the petitions came from a group of Mindanao-based lawyers, who argued that the House failed to follow constitutional rules requiring action on impeachment complaints within 10 session days.

The first complaint was filed in December 2024 but was only referred to the House Committee on Rules on February 5.

READ: Petition to stop impeachment trial vs VP Duterte filed at Supreme Court

The House, however, maintained in its reply to the Supreme Court that all impeachment complaints were acted upon within the required 10 session days, stressing that “session days” should not be confused with “calendar days” or “working days.”

Eventually, Supreme Court spokesperson Camille Ting announced that the Court unanimously ruled the articles of impeachment transmitted by the House to the Senate were unconstitutional, citing a violation of the 1987 Constitution’s one-year bar rule.

The House later filed a motion for reconsideration to appeal the decision. On Tuesday, the Supreme Court en banc confirmed it had deliberated on the motion but reiterated that its July 25 ruling remains “immediately executory.”/mcm

(2025/08/06-14:07)

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