Dismissing Sara Duterte’s Impeachment Through Senate Resolution Illegal – Solons Say

Manila, Philippines – June 4, 2025 — Several members of the House of Representatives have denounced the recent Senate resolution dismissing the looming impeachment complaint against Vice President Sara Duterte, branding it as “illegal, premature, and a clear overreach” of Senate authority.

The controversy erupted after 14 senators signed a resolution declaring the impending impeachment complaint against Duterte as “lacking in merit,” despite the fact that it has yet to be formally filed and deliberated upon by the House Committee on Justice.

Progressive lawmakers and constitutional experts argue that the Senate’s move violates the separation of powers under the 1987 Constitution, which clearly states that the House of Representatives has the exclusive power to initiate impeachment proceedings, while the Senate’s role is to sit as the impeachment court once the House transmits the articles of impeachment.

“It is not only improper but patently unconstitutional,” said Deputy Minority Leader France Castro of ACT Teachers Partylist. “The Senate cannot preempt the House. The Constitution provides a very clear process—only when the House determines probable cause and files the case can the Senate act as a court. Anything before that is meddling.”

Representative Arlene Brosas of Gabriela Partylist echoed the sentiment, saying the Senate resolution undermines due process and suggests political interference. “This resolution shows how powerful figures in the political elite are shielding their allies from accountability,” Brosas said. “The public must see this for what it is—a dangerous precedent that allows the Senate to shut down complaints before they are even filed.”

The impeachment complaint, reportedly being prepared by various civil society groups and individual complainants, stems from Duterte’s use of confidential and intelligence funds as Education Secretary and allegations of abuse of power during her tenure. Critics claim that Duterte’s expenditures lacked transparency and accountability, while her camp has maintained that the funds were legally disbursed and used for security concerns within the education sector.

Senate President Francis Escudero defended the resolution, saying it was simply a “sense of the Senate” and carried no legal force. “We are merely expressing our position,” Escudero stated. “It is well within the rights of each chamber to express its collective sentiment. We do not obstruct the House; we merely make our views known.”

However, legal experts warn that such a move—even if symbolic—can influence public perception and potentially intimidate complainants.

Attorney Christian Monsod, one of the framers of the 1987 Constitution, emphasized that the Senate’s resolution “creates a chilling effect on accountability mechanisms.” He added, “We must be vigilant. Impeachment is a constitutional duty, not a political tool.”

As of press time, House Speaker Martin Romualdez has not issued a statement on whether the lower chamber will entertain the anticipated complaint. Still, House insiders suggest that any filing will undergo the standard process regardless of the Senate’s resolution.

The issue continues to divide lawmakers and the public, with watchdogs urging both chambers of Congress to respect the independence of their roles and ensure that constitutional processes are not derailed by political loyalties.