A draft resolution seeking the de facto dismissal of the impeachment complaint against Vice President Sara Duterte is now making the rounds in the Senate. 

Senator-elect Panfilo “Ping” Lacson confirmed receiving a copy of the “undated, unnumbered, un-authored” document, but said he believes the draft resolution will face many challenges before it can achieve its goal saying it may be overturned by the Supreme Court. 

“I received a copy of the draft resolution from an insider in the Senate. It is making the rounds in the Senate so that if it gets enough signatures, it can be debated upon and possibly adopted if it has the support of the majority,” Lacson said in an interview on Radio DZMM.

“But this is a resolution that can still be questioned before the Supreme Court. If the Supreme Court rules in favor of the petitioner, it can compel the Senate to continue with the impeachment trial,” he said.

The draft resolution sought the dismissal of the impeachment complaint against the second top official of the land citing a lapse of more than 100 days since the Articles of Impeachment were transmitted to the Senate without any corresponding action from the Senate—which is set to adjourn sine die on June 14.

The same draft copy also claimed that the Senate rules prohibit impeachment proceedings from being carried over to the 20th Congress. 

“Even if majority of senators signed the resolution, it must be formally adopted in plenary. If the signatories change their minds and withdraw support, there is a chance the resolution won’t be adopted,” Lacson said.

Even if the resolution is adopted in the Senate it cannot also be deemed final, the lawmaker said

“It is still possible that someone files a petition with the Supreme Court questioning the resolution, and the SC compels the Senate to convene into an impeachment court,” he said. 

Sought to verify the authenticity of the document, Senator Imee Marcos confirmed having seen the draft copy. 

“One of the many drafts na iba-iba ang pakay—parang pangatlo yan sa nakita ko (that’s the third copy that I saw),” Marcos said.

“Maraming versions, lahat ay naghahanap ng pinakamabisa at pinaka-naaayon sa batas na solusyon. Yung walang butas (There are many versions, and all are seeking an effective and legal solution. One that has no loopholes),” she said. 

But Sen. Joseph Victor “JV” Ejercito said he has not yet seen the said document.

“I have not seen it yet. But whether I am not in favor or not of the impeachment is irrelevant. It is the Senate’s constitutional duty to convene and proceed with the trial,” Ejercito said.

“I have mentioned before that impeachment process is very divisive but we have to go through it as part of our sworn duty. Di man ako pabor dito ay kailangan gampanan (I may not be in favor here but we need to fulfill our mandate),” he said. 

Senate Minority Leader Aquilino “Koko” Pimentel III meanwhile, said the document contains “flawed logic.”

“(So there’s) big chance (it’s) not authentic. Even the quotation of the constitutional provision is not accurate,” Pimentel said.

No material time

Meanwhile, Sen. Ronald “Bato” Dela Rosa issued a statement saying the 19th Congress has no material time to tackle the impeachment against Duterte. 

Dela Rosa insisted that the impeachment complaint, like in proposed legislations, will expire upon the sine die adjournment of the 19th Congress on June 13. 

“That’s one of the unfinished business. Whether legislative or other business of the Senate, but still unfinished business dahil nga independent yung 19th Congress from the 20th Congress and vice versa,” said Dela Rosa, a known ally of the vice president.

“So kung anong nasimulan nitong 19th Congress, hindi binding yun 20th Congress na ipagpatuloy yung ginawa ng 19th Congress (So if it was started by the 19th Congress, that’s not binding for the 20th Congress to continue the actions of the 19th Congress). Kasi (because) they are separate worlds, another Congress, and the question on jurisdiction will come in,” he argued.

According to Dela Rosa, who belongs to the so-called “Duterte bloc,” he is not the only senator who holds the same belief. 

Another senator who holds the same belief is Sen. Francis Tolentino, who in a privileged speech on Monday, June 2, also asserted that the impeachment trial cannot proceed to the 20th Congress due to constitutional and procedural limitations.

Tolentino cited Article XI, Section 3(6) of the 1987 Constitution, which mandates that the Senate must proceed to trial “forthwith”—which means immediately and without undue delay.

But the Articles of Impeachment were transmitted to the Senate 117 days ago but the trial is only set to commence on June 11, 2025 or just two days before the sine die adjournment of the 19th Congress.

“Forthwith is not a suggestion. It is a legal imperative,” he said during his manifestation. 

He said attempting to transfer this jurisdiction to the 20th Congress would be an ultra vires act or a move beyond the powers granted by the Constitution.