Supreme Court affirms Sara Duterte impeachment unconstitutional

Vice President Sara Duterte holds a press conference, February 7, 2025. Maria Tan, ABS-CBN News/File

MANILA — The Supreme Court upheld its decision declaring the articles of impeachment against Vice President Sara Duterte as unconstitutional and that the Senate did not acquire the jurisdiction over the impeachment proceedings.

In an en banc decision promulgated on January 28, all those who participated in the earlier ruling unanimously denied with finality the motion for reconsideration filed by the House of Representatives, SC spokesperson Camille Ting said. 

“It affirmed that the fourth impeachment complaint transmitted to the Senate on February 5, 2025 was already barred by Article XI, Section 3, subsection (5) of the Constitution,” Ting said.

The court however clarified a few points, including the definition of session days.

“Session days as used in Article XI, Section 3, subsection (2) or for purposes of the first mode of initiating an impeachment complaint does not mean legislative session days. A session day for purposes of Article XI in the Constitution was given its plain and ordinary sense, which the Court interprets to mean a calendar day in which the House of Representatives holds a session,” Ting said.

Ting reiterated that no further pleadings would be allowed.

'MOVE ON'

Duterte’s defense team thanked the Supreme Court “for a ruling that now definitively lays down clear and authoritative guidance on the constitutional limits and proper treatment of impeachment proceedings.”

“With these issues settled by the Court, the matter is now closed. We should then move on to address the nation’s other pressing concerns,” said Michael Poa, spokesperson of Duterte’s legal team.

The House of Representatives impeached Duterte in 2025, charging the vice president with graft, corruption and an alleged assassination plot against one-time ally and former running mate President Ferdinand Marcos Jr.

But her defense team filed a petition arguing that a trio of earlier complaints logged against her in the House — but voted on only at the committee level -- had constituted impeachment proceedings.

The Supreme Court agreed and blocked the Senate impeachment trial of Duterte, saying it violated a constitutional provision against multiple impeachment proceedings within a single year.

It said a fresh impeachment attempt could be introduced by February 6, 2026.

Makabayan eye fresh impeachment complaint vs Sara Duterte in February 

‘NOT A VINDICATION’

The Supreme Court decision is “not a vindication”, House Deputy Minority Leader and ML party-list Rep. Leila de Lima said. 

"SC's ruling rests on technicality. Magagamit ito sa susunod na filing. Still not a vindication. Wala pa ring nalinis na pangalan," she said in a statement. 

Representatives from the Makabayan bloc shared this view. Representatives Antonio Tinio, Sarah Elago, and Renee Co said the issues raised in the articles of impeachment against Duterte “remain valid”.

The Makabayan bloc is prepared to refile the impeachment complaint against Duterte once the one-year ban is over.

“Despite this adverse ruling, we believe that the issues raised in the impeachment complaint against Vice President Duterte—including her alleged culpable violation of the Constitution, betrayal of public trust, and other high crimes—remain valid and must be addressed through the proper constitutional process,” the three Makabayan congressmen said in a joint statement.

“The Vice President must be held accountable for her actions and omissions that have violated the public trust. The confidential funds scandal, the misuse of public resources, and the pattern of abuse of authority cannot be swept under the rug simply because of procedural technicalities,” they added.

The group criticized the Supreme Court ruling, which it said “effectively disables the so-called "fast track mode" of impeachment” and is a “rewriting” of the rules of impeachment “in favor of impeachable officials”.

“With this ruling, the SC made future impeachment proceedings more difficult. The means to hold accountable the highest officials of the land, through the 1/3 vote of the House of Representatives, will now be even more difficult for citizens to pursue. The SC has rewritten the rules for impeachment in favor of the impeachable officials like the President and Vice President,” Makabayan congressmen said.

Duterte has denied misusing confidential funds. 

Meanwhile, Batangas Second District Rep. Gerville Luistro finds the development “quite frustrating” and Manila Third District Rep. Joel Chua “does not agree” with the Supreme Court ruling, but both said they will still follow the decision.

Luistro and Chua were previously elected House prosecutors in Duterte’s impeachment case.

With the Supreme Court’s final ruling, the articles of impeachment filed by the lower chamber against Duterte last February 5 are “dead”, according to Luistro.

“It only means that the first impeachment complaint is indeed dead already… Because that decision of the Supreme Court likewise laid to rest the first impeachment complaint,” she said.

“It only means that if ever there will be a second impeachment complaint against the VP, we will have to follow the rules provided in the decision of the Supreme Court, which to our interpretation, provided additional requirements in as far as the second mode is concerned,” Luistro added.

Bukidnon Second District Rep. Jonathan Keith Flores, also a member of the House prosecution team in the Duterte impeachment case, said the Supreme Court decision would be considered in revising the House Rules on impeachment.

“I fully understand the intent of the Supreme Court on infusing due process into the impeachment process. We will read the decision and separate opinions in their minute details. We will then work out the precise statutory construction necessary to revise the impeachment rules,” Flores said.

“There still might be some elbow room on how the House can reflect the due process requirements stated in the SC decision but still upholding the constitutional prerogatives and authority of the House on impeachment matters,” he added.

HOUSE RECOGNIZES RULING

The House of Representatives recognizes the Supreme Court ruling, Speaker Faustino “Bojie” Dy III said. 

“Kinikilala ng Kapulungan ng mga Kinatawan ang desisyon ng Korte Suprema kaugnay ng Articles of Impeachment laban kay Vice President Sara Duterte.  Ang impeachment ay isang prosesong malinaw na itinatakda ng Konstitusyon at may tiyak na pamantayan. Mahalaga po ang pag-iingat sa proseso ng impeachment—isang pananagutang kaakibat ng mandato na ipinagkatiwala sa atin ng sambayanang Pilipino,” he said in a statement.

“As a co-equal branch of government, the House fully respects the Supreme Court as the final arbiter on issues of constitutionality, "

House Senior Deputy Speaker Ferdinand Hernandez added.

"The House of Representatives remains guided by its constitutional mandate and reaffirms its commitment to upholding democratic principles, institutional respect, and the rule of law."

Rep. Duterte warns colleagues vs supporting potential VP Sara impeachment bid

— With a report from Agence France-Presse