Senator Ronald “Bato” Dela Rosa said he will raise a motion on whether or not the incoming members of the Senate in the 20th Congress would want to continue the impeachment trial of Vice President Sara Duterte.

Dela Rosa pointed this out as he raised questions on the jurisdiction of the Senate on Duterte’s impeachment trial when the 20th Congress officially opens.

The former Philippine National Police (PNP) chief said the composition of the Senate in the 20th Congress is different from the 19th Congress. 

“Since the (Senate) impeachment court asked the House of Representatives as to their stand whether or not this 20th Congress House of Representatives is willing to be bound by the actions of their predecessors—the House of Representatives of the 19th Congress—or is willing to continue or to bind themselves to whatever actions that took place during the previous Congress, you can also expect me to raise the same question on the floor once the 20th Congress convenes,” Dela Rosa said during a press conference at the Senate on Wednesday, July 9.

“I will ask this, because we asked the House of Representatives. Why not ask ourselves also?” he pointed out. 

“Let’s also ask the Senate of the 20th Congress, if they are willing to be bound by the previous Senate of the 19th Congress,” the senator stressed.

The Senate put forth two conditions when they voted (18-5-0) to remand the impeachment complaint against the vice president back to the House of Representatives: 

First: The House of Representatives must certify compliance with Article XI, Section 3, paragraph 5 of the Constitution, which states that “no impeachment proceedings shall be initiated against the same official more than once within a period of one year.” This includes providing clarification on the circumstances surrounding the filing of the first three impeachment complaints against Duterte in December 2024.

Second: The House of Representatives of the 20th Congress must communicate to the Senate that it is willing and ready to pursue the impeachment complaint against the Vice President.

“Di ba pareho lang naman? Tanungin natin (Isn’t it the same? So let’s ask) if the (members of the) Senate of the 20th Congress, are they willing to be bound by the previous Senate of the 19th Congress?” he asked. 

Asked if this question of jurisdiction of the Senate of the 20th Congress would have to be voted upon by the members of the Upper Chamber, Dela Rosa replied in the affirmative. 

“Yun it has to be established by the Senate, not by the impeachment court.

“We’re talking about the new composition of the Senate, so we ask the Senate, not the impeachment court. Because the impeachment court will also be composed of new members,” he pointed out. 

Asked if he himself believes that the Senate of the 20th Congress has no jurisdiction over the impeachment trial of the vice president, Dela Rosa said yes: “(That’s) my opinion.”

He likened the function of the Senate impeachment court to the Commission on Appointments (CA), which has the power to reject or confirm appointments made by the President.

“There are two schools of thought: whether or not this impeachment court is part of the unfinished business of Congress or not, it’s a continuing one…” 

“Take for example the CA, it is a non-legislative function of the Senate, but why is it that after one Congress ends, those who are up for confirmation or those officials whose nominations were not resolved, are back to zero?” he pointed out.

“So the CA is a non-legislative function of the Senate. So the same is true with the impeachment court, it is also a non-legislative function,” the lawmaker stressed. 

“So that’s why I want to ask this question,” he said.

“So if the 20th Congress (Senate) agrees that this impeachment trial will crossover to the 20th Congress, then who am I to question the majority? If the majority says there is no jurisdiction, then why do we have to continue the trial, when there is no jurisdiction?” Dela Rosa reiterated.