‘FREEDOM FRIDAY’: SC rules impeachment raps vs. VP Duterte unconstitutional

 

By Joseph Bernard A. Marzan

Vice President Sara Duterte secured a legal victory Friday as the Supreme Court ruled the impeachment complaint filed against her in February unconstitutional.

The high court said the complaint violated the one-year bar rule under Section 3(5), Article XI of the 1987 Constitution, which prohibits the initiation of more than one impeachment proceeding against the same official within a year.

In a 97-page decision penned by Senior Associate Justice Marvic Leonen, the Supreme Court clarified that while the fourth impeachment complaint was filed under a different constitutional mode, it was still covered by the one-year bar.

“The filing of the Articles of Impeachment under a different mode, namely Article XI, Section 3(4), is different from Article XI, Section 3(2),” the ruling stated.

“It is a separate and distinct mode of initiating an impeachment complaint. Therefore, it is already barred by Article XI, Section 3(5),” it added.

The Court began the one-year count from Feb. 5, 2025 — the date when over 200 House members voted to impeach Duterte and terminated the first three complaints filed in December by lawmakers and civil society groups.

Supreme Court spokesperson Camille Sue Ting explained that because the first complaints were deemed dismissed on Feb. 5, any new complaint could only be filed after Feb. 6, 2026.

The high court also ruled that the Articles of Impeachment were void ab initio for violating Duterte’s right to due process.

“The draft [impeachment complaint] and its accompanying evidence were not made available to the respondent [Vice President Duterte], thereby denying her the opportunity to be heard by the members of the House of Representatives,” the decision read.

As a result, the Senate — which serves as the impeachment court — could not assume jurisdiction and proceed with a trial.

However, the justices emphasized that the ruling does not absolve Duterte of the allegations in the complaint.

“Our ruling does not absolve [Vice President] Duterte from any of the charges,” the decision said.

“Any ruling on the charges against her can only be accomplished through another impeachment process, followed by a trial and conviction by the Senate,” it added.

The Court stressed that any new impeachment complaints can only be initiated starting Feb. 6, 2026, and must comply with constitutional procedures.

The ruling was unanimous, with Associate Justice Alfredo Benjamin Caguioa inhibiting and Associate Justice Filomena Singh on leave.

Duterte’s legal team welcomed the ruling, calling it a reaffirmation of constitutional safeguards.

“The decision of the Honorable Court affirms what we had maintained from the outset — that the [fourth] impeachment complaint was constitutionally infirm,” the defense said in a statement.

“This unanimous Decision has once again upheld the rule of law and reinforced the constitutional limits against abuse of the impeachment process,” it added.

Despite the dismissal, Duterte’s defense team said they remain ready to answer the charges in the appropriate legal forum.