Thursday, August 13, 2026

Deferred But Not Defeated

FOLLOWING THE SUPREME Court decision which declared the Articles of Impeachment against Vice President Sara Duterte as “unconstitutional,” many seemed to have lost hope for accountability to prevail.

For one, the decision of the High Tribunal doesn’t mean Duterte is off the hook. The SC decision embarked on the so-called “legal technicalities,” particularly on the constitutional provision on the “one year ban.”

To recall, four impeachment complaints were filed at the House of Representatives against VP Sara — three in December 2024 and another one in February this year.  The last complaint, signed by over 200 congressmen, was transmitted to the Senate on the last session day  before the 19th Congress adjourned.

Then the saga began as the Senate refused to act on the complaint with utmost urgency as stipulated under the 1987 Constitution.

The Senate’s refusal gave Duterte’s camp to recalibrate its legal strategy. Hence, a petition seeking SC to declare the Articles of Impeachment as unconstitutional.

At the time the magistrates were “working” on the petition, members of the 19th Congress were busy campaigning for the May 2025 national and local elections.

Fast forward — the SC ruled to declare the Articles of Impeachment as unconstitutional. Most of us may have felt angry or disappointed with the SC.

To be perfectly clear, SC did not absolve the vice president of the charges. 

So what do we do next? Never lose hope. Keep the fire burning even if 13 of the 15 magistrates of the high tribunal were appointed by her father. 

Legal luminaries — including former SC Justices — stood firm that the impeachment court may commence trial as history shows that the Senate should reign supreme on impeachment matters.

In the case of the late Chief Justice Renato Corona’s impeachment, SC also intervened to some extent.

After issuing a temporary restraining order (TRO) against the opening of then-Chief Justice Renato Corona’s dollar accounts, the Supreme Court left it to the Senate to decide whether to comply. 

Sitting as the impeachment court, the Senate eventually voted to honor the TRO to avoid a constitutional crisis, while allowing the trial to proceed.

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