Can Sara Duterte avoid being banned from seeking public office if she resigns?

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When asked about the possibility of resigning amid her impending impeachment trial, Vice President Sara Duterte said it’s too early to consider.

“Wala pa tayo doon. Masyado pang malayo ‘yung mga ganyan na mga bagay (We’re not there yet. Those things are still too far off),” Duterte told reporters on Friday, February 7, two days after she was impeached by the House of Representatives.

The Vice President was asked about this due to her vocal intentions to run in the 2028 presidential elections. Even with the trial looming, she has not ruled out her plan, saying that she is “seriously considering” it.

After all, previous officials facing impeachment trials had chosen to resign. For example, former ombudsman Merceditas Gutierrez resigned in 2011 canceling the Senate trial, former president Joseph Estrada resigned during his trial in 2001, and former Comelec chairman Andres Bautista resigned in 2017 hours before he was impeached by the House.

Duterte was impeached on Wednesday, February 5, or the last session day of Congress before its three-month break, leaving the matter to the Senate. However, Senate President Chiz Escudero has said that no impeachment trial will take place during the break, as seven senators will be occupied with their campaigns for reelection.

What happens if Sara resigns?

Lawyers offered differing views on the matter.

In an interview with One News, former senior associate justice Antonio Carpio said that if the Vice President decides to resign before the trial’s verdict, she will vacate her position, and the penalty of perpetual disqualification will no longer apply.

“Well, if she resigns before there’s a judgment of conviction, then there’s no prohibition for her to run again,” Carpio said.

What if the Vice President decides to resign before the trial begins? Can the Senate still proceed with the trial?

Lawyer and constitutional law professor Antonio La Viña said the trial can still proceed, depending on the Senate, which will act as the impeachment court.

“Impeachment is a process used to hold high-ranking officials accountable for alleged wrongdoing. If articles of impeachment have already been filed and the process is underway, Congress may decide whether to continue the proceedings,” La Viña said in a Facebook post.

However, La Viña said that if she decides to resign before a conviction, the proceedings would become irrelevant, as she would no longer be in office.

“If the official resigns before conviction, the process may become moot and academic, meaning there would be no need to remove someone who is no longer in office,” he added.

Unlike Carpio, La Viña believes that if the proceedings continue, even with her resignation, if convicted, the impeachment court may still impose the penalty of disqualification to hold public office.

Constitutional law expert Paolo Tamase shares a similar view, saying that whether the penalty of disqualification from holding office will be voided if the Vice President resigns is an “open question” and “has not been debated in courts.”

“There is an emerging view that the ‘disqualification to hold any office’ portion requires the Senate to hear the case even if the impeached official resigns,” Tamase said, citing the case of US President Donald Trump’s second impeachment in 2021.

“With the Senate voting on a bipartisan line (55-45) to continue with trial despite the procedural objection that he had already left office,” he argued, further saying that Article XI, Section 3(7) is based on the American Constitution.

“My view is that trial should be held and continue notwithstanding VP Duterte’s hypothetical resignation. A holistic reading of Article XI, Section 3(7) requires that the Senate be given the chance to decide whether the impeached official is fit to hold not just the current office, but any future public office. Impeachment is for the gravest of betrayals of public trust, so it would frustrate accountability if an impeached official can simply resign to fight another day,” Tamase explained.

Another route

If Duterte’s critics aim to permanently disqualify her from public office, another route can be pursued if the impeachment fails. This option, though tedious and time-consuming, will involve filing criminal charges.

Carpio said that if Duterte is convicted in the criminal cases, she will be disqualified as well.

“They can file a criminal case because that’s separate. If she is found guilty, not in the impeachment case, but [in the] criminal case, there’s a perpetual disqualification also if she’s convicted,” he said.

Tamase, however, believes this could take longer, and by the time she runs in 2028, no judgment may have been reached.

“The resignation-conviction route is viable, but it may be tedious and can take longer. If the strategy is to prevent her from running in 2028, there’s doubt whether a final conviction can be secured against her within three years,” Tamase said.

Republic Act 3019, also known as the Anti-Graft and Corrupt Practices Act, mandates perpetual disqualification from holding public office upon conviction. This means the individual is permanently barred from running for any public position.

The Vice President needs only eight acquittal votes from the Senate to remain in office. Although senators typically make independent decisions, political allegiances do play a role. If the trial happens during the 20th Congress, the Duterte camp will need to work harder to ensure their Senate candidates win in the elections.

But that’s a gamble and risk the Vice President may choose to take, and as political observers note, resigning is still an option. – Rappler.com