Tolentino: Duterte impeachment case ‘dismissed’ if it goes past June 30

Sen. Francis Tolentino. Photo by Niño Jesus Orbeta/Inquirer.

MANILA,  Philippines— If the Senate could not finish the impeachment trial of Vice President Sara Duterte by June 30, 2025, then it must recognize that this case against her  is “functionally dismissed by constitutional  operation.”

This was according to Senate Majority Leader Francis Tolentino, who took the Senate floor on Monday to address the pending impeachment trial of Duterte.

In his manifestation, Tolentino expressed his  belief that the Senate “cannot carry unfinished proceedings into the next Congress.”

“Allowing the 20th Congress to take over this trial would be ultra-vires or beyond our constitutional power,” he said.

Tolentino, a lawyer,  also cited the Senate’s mandate to proceed with the impeachment trial “forthwith”  after receiving a verified complaint from the House of Representatives.

He noted that it has been 117  days already since the House transmitted to the Senate the Articles of Impeachment against Duterte last February 5.

READ: sara-duterte-impeached-house-gets-215-to-sign

Until now, however, the Senate has yet to take cognizance of the charges against Duterte and convene as an impeachment court.

“If we cannot conclude the trial before June 30, 2025, we must recognize this impeachment case is functionally dismissed by constitutional operation and no action can be taken by the 20th Congress on the matter for lack of constitutional authority,”  Tolentino then said.

“Mr. President, even if we try we can’t pull it off especially if it’s in violation of the Constitution,” he added in Filipino.

Tolentino pointed out that “jurisdiction over impeachment is exclusive to the Congress that receives the complaint.”

He also cited Supreme Court rulings, which he said confirm that all legislative and investigatory matters terminate with the expiration of a Congress.

“This principle is affirmed internationally,” he added.

“I speak in defense of constitutional order, procedural fairness, and the institutional dignity of this Senate,”  Tolentino said.

The Senate was originally scheduled to formally hear this Monday the charges against Duterte but Senate President  Francis “Chiz” Escudero moved this to June 11, the last day of session of the 19th Congress.

The  20th Congress will open July 28./mr