Vice President Sara Duterte speaks to the media at the Office of The Vice President in Mandaluyong City on December 11, 2024. Maria Tan, ABS-CBN News/file

MANILA (3rd UPDATE) — The Senate on Tuesday voted to return to the House of Representatives the impeachment complaint against Vice President Sara Duterte that was transmitted to the upper chamber in February.

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Over four months after the House of Representatives sent the articles of impeachment to the Senate, majority of senators voted to send it back to House to get their clarification on the issues raised on the impeachment case filed against the vice president.

Senate President Francis “Chiz” Escudero, however, clarified that this is not a dismissal, but is just a way to clarify the issues raised by the senator-judges.

The vote stemmed from Sen. Ronald “Bato” Dela Rosa’s motion to dismiss the impeachment case against Vice President Duterte, raising “serious concerns” in the articles of impeachment against her.

Following a series of clarifications, Sen. Alan Peter Cayetano moved to amend Dela Rosa’s motion, suggesting that the Senate return the articles of impeachment to the House of Representatives "without dismissing nor terminating the case until such time that (1) the House of Representatives certify to the non-violation of Article 11, Sec. 3, par. 5 of the 1987 Constitution... and (2) the House of Representatives of the 20th Congress communicate to the Senate that it is willing and ready to pursue the impeachment complaint against the vice president".

Dela Rosa agreed with Cayetano’s amendment, which the Senate voted on.

With 18 affirmative votes, and 5 negative votes with no abstentions, the Senate approved the motion to summon the House to clarify the articles of impeachment submitted to the Senate.

The Senate, as the impeachment court, then issued a writ of summons to Vice President Duterte, notifying her to appear before the Senate to file her answer to the articles of impeachment within 10 days from the receipt of the summons, with the House to file an answer after five days.

Dela Rosa questioned this, arguing that since the articles were returned, the court has lost jurisdiction so there is no basis to issue the summons. Senator Risa Hontiveros protested this, saying this belied the approved motion that it won't lead to a dismissal or termination of the case. She believes its proof that the impeachment has been dismantled little by little.

All 23 Senators were present, and only Senators Nancy Binay, Grace Poe, Sherwin Gatchalian, Hontiveros and Aquilino Pimentel III voted against the motion.

Presiding Officer Senate President Francis Escudero explained that because of the vote, as well as the convening of the court on Tuesday instead of Wednesday, the presentation or reading of the articles by a congressman prosecutor will no longer push through.

The Court was convened in advance because of senators insisted that the court rule on dela Rosa's original motion to dismiss the complaint outright on constitutional infirmities.

This meant that the senators took their oaths as judges on Tuesday, instead of Wednesday.

Among those who supported Dela Rosa’s original motion to dismiss the impeachment case were Senators Christopher “Bong” Go and Robin Padilla.

Go first floated the idea of returning the complaint to the House, before Cayetano made it his motion.

"Sana pwede ninyong ikonsidera at the very least bago tayo maglitis dito, siguraduhin muna natin na nasa tama ang prosesong tinahak nito. At the very least nga, sabi ko marahil pwedeng ibalik, pwedeng i-remand ito sa pinagmulan sa House of Representatives dahil marami pa ngang katanungan ang legally hindi nasasagot. Mas mabuting siguraduhin natin na sumunod sa proseso ang anumang kaso na ating diringgin, para hindi masayang ang ating oras,” he said.

Senator Joel Villanueva was also in favor of returning the complaint to the House.

“"So yung defective, ano po, fatally defective kanina nabanggit po kaya po ako nabuhayan ng loob dahil may nabanggit kanina si Senator-Judge Alan, Senator-Judge Bong Go, tungkol po doon sa checking yung HOR kung sila ba ay interesado pa. Kung sila ba ay naniniwala na tatawid mula sa 19th to 20th Congress itong impeachment na ito,” he said.

Poe meanwhile expressed concern that the impeachment maybe invalidated.

"Let me make it clear that proceeding with this trial should not be construed as a finding of guilt. Ang paglilitis ay hindi hatol na ng pagkakasala. Ngayon po, gaya nga ng sinabi, yung mga pinagdedebatehan, yung iba sila sabi, i-remand, ibalik muna sa house,” she said.

“And the decision is, ibalik natin sa house. Gaya nga ng sinabi, ewan ko kung gusto niya pabanggit. Remanding it, is it a nice way of saying, we are invalidating? So, ako kasi, yung iniisip ko ganito, dahil magagraduate na ako, gusto ko lang masiguro na ginawa ko ang aking mandato,” Poe added.

Gatchalian also wanted to hear from the prosecution first.

"But babalik po ako doon sa unang contention which is the constitutional infirmity ng articles of impeachment. In my opinion ito po ay premature para po desisyunan natin ngayong gabi. Dapat pong marinig yung mga argumento ng mga prosecutors pagdating po ng impeachment trial dahil darating po tayo dyan at doon po lalabas ang mga argumentong ito doon ho natin malalaman at maintindihan kung ito po ay constitutionally infirm at kung dapat po i-dismiss o i-remand or kung ano man ang aksyon  na gagawin po ng ating impeachment court. So maraming maraming salamat Ginoong Presiding Officer,” he said.

After all the issues were tackled, Escudero adjourned the court to a date that will be determined by the presiding officer.

Escudero earlier deflected criticisms that the Senate was to blame for the delay in the impeachment proceedings, saying that the complaints languished in the House of Representatives for months before they acted on it last February.

ESCUDERO EXPLAINS SENATE VOTE

Escudero said the court's 18-5 vote to return the articles of impeachment against Duterte does not mean the case has been dismissed. 

"Walang intention na idismiss ang kasong ito. Ang intention ay mabigyan ng pagkakataon na ang mga prosecutors ay sumagot sa mga ilang itinuturing na mga katarungan nang hindi inaaksaya ang panahon ng Korte at nang hindi pa hinuhusgahan ang bagay na ito," he said.

 "Ang ating pinagbotohan hindi hinusgahan na lumabag ang Kamara sa one-year ban, hindi hinusgahan na ayaw na ng ika-dalawampung Kongreso ang impeachment complaint na ito kaya nga po tayo magtatanong at mag-i-issue ng order."

Escudero added that the impeachment court still issued summons for Duterte to respond, as proof that the case has not been dismissed.

"Again, with the issuances of the summons in a few minutes from now, I think it would be made clear, that there is no such intention and that there is every intention by this impeachment court to comply with the rules at least in so far as the issuance of the summons under our Rules and during the 19th Congress."

"The court therefore, having been organized and their articles of impeachment having been referred thereto, hereby, issues the Writ of Summons to Vice President Sara Zimmerman Duterte who is directed to file her answer within a non-extendible period of 10 days from receipt of the summons and the copy of the complaint, pursuant to Article 7 of the Impeachment Rules," he said.

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The 19th Congress closes this week, along with the prospects of the impeachment complaint against Duterte.

This means that critics of Duterte will have to wait another year before they can initiate a new impeachment complaint against her.

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Duterte was impeached by the House of Representatives in February for "violation of the constitution, betrayal of public trust, graft and corruption, and other high crimes."

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The Vice President denied all accusations and said she was looking forward to a "bloodbath" during her impeachment trial.

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