Senate Majority Leader Francis Tolentino on Monday called for the dismissal of the impeachment case against Vice President Sara Duterte, citing constitutional deadlines that he says bar further proceedings.
“It is a legal imperative that connotes immediacy, trial after months of inaction undermines not only this directive but also the due process rights of the respondent and the integrity of the Senate as an Impeachment Court,” he explained.
“The timeline is tight and difficult,” Tolentino added.
Tolentino made the appeal during a manifestation before the Senate, arguing that the body is now constitutionally barred from continuing with the trial due to time constraints.
He pointed out that the Articles of Impeachment were transmitted to the Senate 117 days ago, but the trial is not scheduled to begin until June 11, 2025.
That date falls just two days before the 19th Congress is set to adjourn sine die.
Tolentino cited Article XI, Section 3(6) of the 1987 Constitution, which states the Senate must proceed to trial “forthwith,” a word he interpreted to mean immediately and without delay.
He argued that based on rulings in Neri v. Senate and Balag v. Senate, the Senate is not a continuing body under the 1987 Constitution.
Because of this, Tolentino said, the Senate’s jurisdiction to conduct the impeachment trial expires at noon on June 30, 2025.
“Impeachment is a proceeding tied to the mandate and lifespan of the Congress that initiated it. It does not continue automatically into the next Congress,” he said.
Senator Risa Hontiveros responded by asserting that the Constitution requires the Senate to proceed without delay.
She cited Chavez v. Judicial and Bar Council and Pimentel v. Joint Committee of Congress to argue that impeachment is a non-legislative function unaffected by the change in Congress.
Hontiveros acknowledged that legislative work does not carry over, but said that rule does not apply to impeachment trials.
“This is a very important mandate of the Constitution, clear and without ambiguity, that once we receive the Articles of Impeachment, “trial by the Senate shall forthwith proceed,” she said.
“The people will judge us if we fail to carry out this duty to the nation,” Hontiveros concluded.
