Escudero: Senate can’t bind next Congress on Sara Duterte’s impeachment

Upgrade to High-Speed Internet for only ₱1499/month!

Enjoy up to 100 Mbps fiber broadband, perfect for browsing, streaming, and gaming.

Visit Suniway.ph to learn

June 2, 2025 | 3:20pm

MANILA, Philippines — With the 19th Congress nearing its final sessions in June, Senate President Francis Escudero said Monday that the decision to continue Vice President Sara Duterte’s impeachment trial will fall to the 20th Congress.

The presentation of the Articles of Impeachment against Duterte was initially scheduled for Monday, June 2, when the Senate resumed session. However, Escudero deferred the presentation to June 11, citing priority legislation that still needs to be addressed.

At a briefing, Escudero said it is up to the current members of the 19th Congress to decide whether to take up the impeachment complaint. The House of Representatives formally impeached Duterte on February 5, the last day of the Senate’s session. Although the Upper Chamber received the articles the same day, they were not taken up in plenary, leaving their fate uncertain for months.

Senate's options. While Escudero has consistently said that most of Duterte’s impeachment process will happen in the 20th Congress, he acknowledged the possibility that it might not proceed at all.

“The 19th Congress cannot bind subsequent Congresses, or any Congresses for that matter,” Escudero said.

In theory, the current plenary could opt not to convene on June 11 at all. However, Escudero said that while this is technically possible, he did not believe it would be the case.

Escudero said that the Senate’s impeachment function is distinct from its legislative work. He described the Senate as a “continuing body” capable of passing on unfinished matters despite changes in leadership, likening it to court cases that do not get dismissed simply because of a change in judges.

Politics to consider. The 2025 midterm elections, however, delivered a poor showing for President Ferdinand Marcos Jr.’s senatorial slate, while pro-Duterte and opposition candidates scored surprise victories. Many observers believe the results have left Duterte’s impeachment in political limbo.

The University of the Philippines’ Philippine Law Journal explains two views on whether the impeachment trial can extend beyond the 19th Congress.

• One view, based on the Supreme Court decision in Arnault vs. Nazareno, holds that the Senate may continue the trial beyond June 30, since “the power of impeachment is not legislative and therefore does not expire with each Congress; and accountability as the underlying spirit of the Constitution requires a final decision by the Senate.”
   
• On the other hand, a more recent Supreme Court ruling in Balag vs. Senate states that the Senate is not a continuing body. Therefore, all pending matters, including unpassed bills and proceedings, will be terminated at the close of the Congress.