Senators express concerns over archiving of impeachment complaint against VP Sara Duterte

Senators from the minority bloc voiced strong reservations on Thursday regarding the Senate’s decision to archive the impeachment complaint against Vice President Sara Duterte, warning that it sets a troubling precedent for future accountability proceedings.

Senate Deputy Minority Leader Risa Hontiveros criticized the 19-4-1 vote to archive the complaint, stating it effectively “abandoned” the Senate’s constitutional mandate to act as an impeachment court. “Ang leksyon dito ay dapat seryoso kami sa tungkulin naming ibinigay ng Saligang Batas. Parang inabandona ng Senado ang tungkulin nito kagabi (The lesson here is we must be protective of our constitutional duties. It felt like the Senate abandoned its role last night),” Hontiveros said in an interview with DZBB.

She explained that archiving the complaint—rather than tabling it as initially proposed by Senate Minority Leader Vicente “Tito” Sotto III—imposes a higher threshold to reopen the case, requiring another majority vote should the Supreme Court reverse its July 25 ruling. “Pag in-archive kahit hindi pa patay, napakahirap ilabas sa archives (Once a case is archived, even if not dismissed, it becomes very difficult to bring it back),” she added.

The Supreme Court had declared the Articles of Impeachment “null and void ab initio,” noting that the Senate never acquired jurisdiction. However, Hontiveros pointed out that the House of Representatives had filed a motion for reconsideration (MR), which the Court has yet to resolve. “Bakit kayo nagmamadali? Hintayin natin ang buong impormasyon bago magdesisyon tungkol sa trial (Why rush? We should have waited for all the information before making a decision on the trial),” she remarked.

Senator Panfilo Lacson, who abstained from the final vote, stated that he played a key role in averting the outright dismissal of the complaint, which would have permanently barred its revival. “If the motion to dismiss had prevailed, the case would be moot and academic even if the Supreme Court reversed its decision,” Lacson explained. He credited his intervention for persuading Senator Rodante Marcoleta to amend his motion from dismissal to archiving, allowing for the case to be revived under certain conditions.

Lacson noted that the Supreme Court’s decision to require Vice President Duterte to comment on the MR suggests the case is still active. “That’s a signal that the Court is open to reconsidering or reviewing its decision,” he said.

Senator Francis Pangilinan, who also voted against the motion to archive, argued that the Senate should have exercised inter-chamber courtesy by waiting for the Supreme Court to rule on the House’s MR. “To vote to archive the complaint despite the MR still pending is premature. The ruling may still be reversed or modified,” Pangilinan stated. He emphasized that “one cannot be right with the law if one is wrong with the facts,” referencing what he described as a “misapprehension” in the High Court’s ruling.

Senator Alan Peter Cayetano highlighted the importance of handling impeachment cases with care, reminding lawmakers that such proceedings are “extraordinary remedies” meant to protect the nation. “Para protektahan ang ating bansa at para alisin sila sa equation if they will damage our country (It’s meant to protect the country and remove someone who may cause harm),” he said. Cayetano asserted that the Supreme Court ruling does not render future impeachments impossible, citing clear guidelines for properly initiating such proceedings.

Senator Joseph Victor Ejercito noted the importance of honoring the roles of each branch of government, stating, “While it is true that the Senate has the sole power to try and decide all impeachment cases, our Supreme Court is the sole interpreter of laws in our system of government.”

Hontiveros concluded by stating that should the Supreme Court uphold its decision, a new impeachment case may still be filed by civil society or House members after February 6, 2026, one year after the initial complaint was transmitted. Until then, members of the Senate minority vowed to continue advocating for transparency, accountability, and respect for the constitutional process. “Huwag ninyong isipin na wala nang aasahan sa Senado. Magsusumikap pa rin kami para sa mga prinsipyong iyan ng accountability (Don’t lose hope in the Senate. We will continue working to uphold accountability),” Hontiveros affirmed.

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