ILOILO City – The University of the Philippines (UP) College of Law has published a primer addressing critical legal questions arising from the recent impeachment of Vice President Sara Duterte by the House of Representatives.
The impeachment, which took place on February 5, just before Congress adjourned for a four-month recess, has sparked debates on novel constitutional issues.
Prepared by Assistant Professor Paolo Tamase and his team, the primer offers insights into these questions, though UP Law emphasized that the opinions expressed are the personal academic views of the authors and not reflective of the institution’s stance.
One contentious issue is whether the 20th Congress can continue an impeachment trial initiated by the 19th Congress.
The Senate, as a “continuing body,” can resume the trial even after the 19th Congress concludes on June 30, 2025.
This perspective cites older Supreme Court rulings and argues that impeachment, being distinct from legislative work, carries a constitutional obligation to ensure accountability.
Based on a more recent Supreme Court decision, the Senate is not considered a continuing body.
Any unfinished matters expire with the end of a Congress, and it is optional for the succeeding Senate to take them up as new issues.
Another question raised in the UP Law primer is whether the Senate can hold an impeachment trial while on legislative recess.
The Senate can only conduct the trial when Congress is in session. This interpretation aligns with the practices during the impeachment trials of President Joseph Estrada and Chief Justice Renato Corona.
The trial should proceed immediately, even during recess, as the Constitution’s use of “forthwith” implies urgency.
This view holds that since impeachment is a non-legislative function, the Senate can act on it even when legislative sessions are suspended.
The primer also explores whether the Senate should proceed with an impeachment trial if the impeached official resigns before a verdict is reached.
Historically, impeachment trials have been discontinued in such cases, as seen with Ombudsman Merceditas Gutierrez, Comelec Chair Andres Bautista, and President Joseph Estrada.
The trial may continue to ensure that the official is disqualified from holding public office in the future, as removal is only one consequence of impeachment.
In addition to tackling these novel questions, the UP Law primer provides an overview of the impeachment process and answers frequently asked questions, offering clarity on procedural and constitutional matters.
The primer is expected to guide legal practitioners, lawmakers, and the public as the Senate deliberates on these pressing issues during the upcoming impeachment trial./PN
