Senator-elect Panfilo “Ping” Lacson said on Saturday, May 31, that the Senate--acting as an impeachment court--could continue Vice President Sara Duterte's trial under the 20th Congress, as he stressed that the chamber’s role in such proceedings is distinct from its legislative function.
Manila Bulletin
Philippines
National
Senate may still hold impeachment trial vs VP Duterte in 20th Congress — Lacson
Philippines
National
Senate may still hold impeachment trial vs VP Duterte in 20th Congress — Lacson
Senate may still hold impeachment trial vs VP Duterte in 20th Congress — Lacson
By Dhel Nazario
Published May 31, 2025 05:32 pm
Panfilo "Ping" Lacson (Mark Balmores/ MANILA BULLETIN)
In an interview with Usapang Senado on DWIZ, Lacson acknowledged the legal debate surrounding whether the impeachment trial, initiated during the 19th Congress, can carry over to the next congress.
He says he is currently studying relevant jurisprudence and consulting legal experts and former justices to prepare for potential arguments that may arise when the Senate convenes for the 20th Congress in July.
“There’s legal precedent like Pimentel vs. Joint Congressional Committee in 2004, where the Supreme Court said the Senate sitting as an impeachment court is no longer acting as a legislative body,” Lacson said, backing the view of Senate Minority Leader Aquilino "Koko" Pimentel III, whose father authored the petition that led to the decision.
He explained that Rule 44, which terminates all unfinished business of the Senate after sine die adjournment, does not apply to impeachment proceedings since they fall outside normal legislative functions.
“It’s a different animal,” Lacson said.
He also said any decision, such as a ruling on jurisdiction or a motion to dismiss made by the impeachment court is final and unappealable.
“Once the impeachment court rules, it cannot be reviewed by the Supreme Court, unless perhaps the ruling is not on the merits but on a procedural motion,” he said in Filipino.
As for the final say on whether or not the trial can continue in the 20th Congress, Lacson said it will rest with the Senate acting as an impeachment court.
“It’s the Senate that will decide if the trial carries over. That decision alone will likely only require a simple majority, not the two-thirds needed for conviction,” he explained.
“Pag sinabing 13 senators, walang jurisdiction, tapusin na natin ito, i-grant natin ang motion to dismiss, tapos ang kaso (If 13 senators say there’s no jurisdiction, let’s end it, grant the motion to dismiss, and the case is over),” Lacson said.
“Hindi kailangan ang 16 [votes] unless it’s for conviction (You don’t need 16 votes unless it’s for a conviction),” he added.
There is a pending petition before the Supreme Court (SC) filed by Duterte asking it to nullify for alleged constitutional violation the impeachment complaint that was filed against her by the House of Representatives.
Duterte asked the SC to issue a temporary restraining order (TRO) to stop the House from proceeding with the impeachment trial and for the Senate to desist from acting on the complaints.
The Vice President also asked the SC: “After proper proceedings, issue a final injunction, nullify and set aside the Fourth Impeachment Complaint filed on Feb. 5, 2025, declare the One-Year Bar to be applicable from the filing of the First Impeachment Complaint, declare the Fourth Impeachment Complaint to be violative of the One-Year Bar under Section 3(5), Article XI of the Constitution and therefore prohibited, and consequently, enjoin respondent Senate or any of its members or representatives from acting on the Fourth Impeachment Complaint in any way.”