THE IMPEACHMENT complaint filed against Vice President Sara Duterte faced significant legal and procedural challenges, as some lawmakers asserted that the 19th Congress lacks the “material time” to conclude the proceedings before its sine die adjournment on June 13.
Duterte, in an interview outside the Hague detention center on Wednesday, June 4, 2025, expressed her belief that the impeachment complaint, transmitted from the House of Representatives to the Senate, is riddled with “many procedural lapses.”
Adding weight to the procedural concerns, Senator Ronald “Bato” Dela Rosa has filed a Senate resolution advocating for the dismissal of the impeachment case.
While acknowledging the long shot, Dela Rosa stated, “I am not hoping it will be adopted, but it would be good if it is adopted. At least for this particular issue, for this particular situation, I made a stand on what should be done.”
Dela Rosa’s resolution supports Majority Leader Francis “Tol” Tolentino’s assertion made on Monday, June 2, 2025, that the Senate, specifically under the upcoming 20th Congress, cannot try the impeachment case against Vice President Sara Duterte “for lack of constitutional authority.”
In a manifestation during the resumption of Senate plenary sessions, Tolentino cited Supreme Court rulings, which emphasized that jurisdiction over articles of impeachment is exclusive to the 19th Congress and cannot be carried over.
“Allowing the 20th Congress to take over this trial would be ultra vires or beyond our constitutional power,” Tolentino stressed. “Kahit anong pilit, hindi maitatawid, lalo na’t kung lalabag sa Saligang Batas (No matter how much it’s forced, it cannot be carried over, especially if it violates the Constitution).”
Dela Rosa echoed this sentiment, expressing concerns about potential legal consequences if the Senate were to proceed beyond the current Congress.
“That’s one of the unfinished business,” Dela Rosa stated. “Whether legislative or other business of the Senate, but still unfinished business because the 19th Congress is independent from the 20th Congress, and vice versa. So, whatever was started by this 19th Congress, the 20th Congress is not bound to continue what the 19th Congress did. Because they are separate worlds, another Congress, and the question of jurisdiction will come in.”
While acknowledging the Senate’s inherent duty to act on all impeachment cases once articles are transmitted, Dela Rosa underscored that the “material time” – the timeframe available to the upper chamber – is the crucial factor.
“The question there is the material time. That’s the main issue there. But as to whether or not the Senate will act on it, it is incumbent on the part of the Senate to act on that once the articles of impeachment are transmitted to the Senate. It cannot be left unacted upon,” he explained.
Despite admitting it would be a “bloody debate” whether the case can cross over to the next Congress, Dela Rosa affirmed his personal belief, based on his readings and research, that it cannot be carried over.
He also noted that he is not alone in this conviction among his Senate colleagues.
