Jamaine Punzalan

Senators discuss a proposal to convene the Senate as an impeachment court to hear the case against Vice President Sara Duterte. Voltaire F. Domingo, Senate Social Media Unit/Joseph B. Vidal, OSP

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PH SENATE

Victoria Tulad

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/175092428362520250610-senate-plenary-session-SPRIB2.jpg" style="width:960px" class="fr-fic fr-dib"/><span class="fr-inner" style="text-align:left">Senators discuss a proposal to convene the Senate as an impeachment court to hear the case against Vice President Sara Duterte. Voltaire F. Domingo, Senate Social Media Unit/Joseph B. Vidal, OSP </span></span></span></div><p>MANILA — The Senate impeachment court is given much leeway on what it can do, according to Senator-judge Alan Peter Cayetano, but just because it can doesn’t mean it should.</p><p>Cayetano said this amid opinions that the impeachment case against Vice President Sara Duterte couldbe dismissed after her camp alleged that there were no articles of impeachment with the impeachment court, which returned it to the House of Representatives.</p><p>“Dalawa ang pinag-uusapan. What can be done and what should be done. Magkaiba yun. So ang sinasabi ni SP, can be dismissed. That&#x27;s the reality that the Senate acts through its members and majority wins,” Cayetano said on Thursday. “Anong limitation doon? We cannot do anything unconstitutional kasi pag yan ay may grave abuse of discretion amounting to lack or nawalan ng jurisdiction, pwedeng baliktarin yung decision namin ng Supreme Court.”</p><div><a href="https://www.abs-cbn.com/news/nation/2025/6/25/tv-patrol-impeachment-court-may-hurisdiksyon-sa-complaint-vs-vp-escudero-2024"><strong>TV PATROL: Impeachment Court may hurisdiksyon sa complaint vs VP -- SP Escudero</strong></a></div><p>“Now just because you can, it doesn&#x27;t mean you should di ba,” he added. “So we really have to take a deep breath and think what&#x27;s best for the country.”</p><p>This is the reason why, according to Cayetano, majority of senator-judges agreed to return the articles of impeachment instead of dismissing it outright.</p><p>Because of this move, Cayetano said they will be able to see if there was a violation on the one-year bar rule, and if the 20th Congress will be interested to pursue the impeachment complaint.</p><div><iframe width="1250" height="703" src="https://www.youtube.com/embed/sMjk5LYTX6M" title="Cayetano on junking VP impeachment case: &#x27;Just because you can, doesn&#x27;t mean you should&#x27;" frameBorder="0" allowfullscreen=""></iframe></div><div>  </div><div><strong>ENTERTAINING MOTIONS</strong></div><div> </div><p>On Wednesday, Senate President and impeachment court presiding officer Francis “Chiz” Escudero said there was nothing prohibiting senator-judges from presenting any motion on the floor.</p><p>“Lahat naman puwede, tandaan niyo pakitaan niyo ako ng batas, ng rule na nagsasabing bawal itong mosyon na &#x27;to. Wala namang bawal na motion. Wala namang bawal na kahilingan. Wala namang bawal pag-usapan. Wala pa &#x27;kong nakitang rule na gano’n,” Escudero said.</p><p>“Karapatan ninoman na hilingin base sa kaniyang paniniwala anumang nais niyang hilingin kapagka &#x27;yan ay gusto niyang pagbotohan dahil may nag-object, &#x27;di pagbobotohan,” he added.</p><p>“Lahat naman nga kasi talaga posible. Uulitin pero puwede rin namang babaliktarin ko. Puwede ring may mag-motion halika na wag na tayong mag-trial, convict na natin ngayon na. They can also move that. I cannot prevent that from happening. But I will not vote for that. But &#x27;di ba so lahat no&#x27;ng mga motion na &#x27;yon puwede naman. Huwag lang kayo mag-focus sa motion to dismiss kasi puwede rin motion to convict,” Escudero further said.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/6/25/house-prosecutors-file-certification-vp-duterte-s-impeachment-followed-constitution-1725"><strong>House prosecutors file certification VP Duterte&#x27;s impeachment followed Constitution</strong></a></div><p>Asked if the impeachment could can vote to dismiss the case based on the answer ad cautelam of Duterte, Escudero answered in the affirmative.</p><p>“Posible &#x27;yon, pero ayokong pangunahan ang impeachment court. Iyan din &#x27;yong parehong ni-raise ng Vice President sa Korte Suprema sa pagkakaunawa ko,” Escudero said.</p><p>“Simple majority ang kinakailangan sa lahat ng botohan, two-thirds ang kailangan to convict or acquit. But it begs the question kung may simple majority ka to, to dismiss for example, then imposible ka na maka-two-thirds, hindi ba?” he continued.  </p><div> </div><div><strong>JURISDICTION, EVIDENCE</strong></div><div> </div><p>Cayetano said the question of jurisdiction should first be resolved before looking at the evidence. Once determined that there is no constitutional defect, then the evidence can be examined.</p><p>“Ang hindi klaro kasi in this case, hindi nila pinagalaw yung tatlo. So ang question, did they violate their own rules? Kasi yung meron sa Constitution, very clear na legal maxim to, na what you cannot do directly, you cannot do indirectly di ba,” Cayetano said.</p><p>There were initially three impeachment complaints filed against the VP but these were not forwarded to the Speaker’s office in the House of Representatives. A fourth impeachment complaint was later on voted upon and garnered 215 votes.</p><p>Cayetano believes the impeachment court has jurisdiction over the case.</p><p>Escudero has said the trial is expected to be scheduled in July since the 19th Congress ends on June 30 and the power of the HOR prosecutors will already lapse. </p>

<p>The Senate impeachment court is given much leeway on what it can do, according to Senator-judge Alan Peter Cayetano, but just because it can doesn’t mean it should.</p>

The Senate impeachment court is given much leeway on what it can do, according to Senator-judge Alan Peter Cayetano, but just because it can doesn’t mean it should.

Cayetano on junking Sara Duterte impeachment case: 'Just because you can, doesn't mean you should'

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Cayetano on junking Sara Duterte impeachment case: 'Just because you can, doesn't mean you should'

Victoria Tulad,

ABS-CBN News

Published June 26, 2025 04:00 PM PHT

|

Updated June 26, 2025 04:06 PM PHT

Read More:

Impeachment

Alan cayetano

Sara duterte

Motion to dismiss

Francis escudero

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