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Senators clash over motion to dismiss Sara Duterte's impeach trial

August 6, 2025 | 5:20pm

MANILA, Philippines — The Senate opens its plenary session on Wednesday afternoon, August 6, debating over the fate of Vice President Sara Duterte's impeachment trial.

It started when Sen. Rodante Marcoleta delivered his privilege speech, enumerating alleged procedural flaws in the impeachment against Duterte, reiterating the Supreme Court's arguments, and arguing that the proceedings had died with the 19th Congress.

He then moved to dismiss the impeachment trial, but was interjected by Majority Leader Joel Villanueva, who said the motion isn't covered by the Senate rules and should instead be subject to clarificatory questions.

Minority Leader TIto Sotto, in his interpellation, asked why the Senate is rushing to dismiss the impeachment based on the Supreme Court's ruling when it is still pending appeal after the House filed a motion for reconsideration on August 4.

"The Supreme Court decision, although immediately executory, is not yet final. Thus, appealable. Ngayon, naapela na. Marami nagtatanong, kung na-appeal na, bakit tayo nagmamadali na i-dismiss ito sa atin?" he asked.

Marcoleta expressed doubt that a unanimous court decision could be overturned. Sotto fired back, saying reversals are not impossible.

"A unanimous decision does not bar an appeal or a reversal. That is one thing for sure," the minority leader said, citing past Supreme Court rulings that were unanimously voted upon but later reversed.

Despite calling both the vice president and former President Rodrigo Duterte his friends, Sotto opposed the motion to dismiss, arguing it could jeopardize the integrity of future impeachments given that the Supreme Court decision is not yet final.

"Wait for the resolution of the MR, give the high court a chance to rectify, as it has clear, blatant errors for the sake of future decisions. Let us not dismiss forthwith," he said.

Villanueva explained that Sotto’s motion may be acted upon since it takes precedence. However, when asked to clarify, Sotto said he was merely inquiring about the implications if the Senate were to move to dismiss the impeachment while the Supreme Court ruling is still under appeal.

The Senate had agreed to hold a debate on the high court's ruling on August 6, but at the time, no motion for reconsideration had yet been filed. Sotto later said the filing of such a motion “develops a different scenario.”

Sen. Ping Lacson also delivered a manifestation, sharing Sotto's sentiment on the motion to dismiss. He specifically asked the body: will the Senate also “reverse” itself if the Supreme Court overturns its decision?

Senate President Chiz Esucdero responded to Lacson's question by pointing out how the House made similar arguments when it urged the Senate in March to proceed forthwith with the trial even when the high court received petitions seeking to junk the impeachment due to alleged "legal infirmities."

This was Duterte's petition, which the Supreme Court granted on July 25 and decided that the House violated the one-year bar rule. The House, however, filed a motion for reconsideration stating that the decision was based on factual errors.

Sen. Kiko Pangilinan also raised this before the Senate, urging the body to wait for the Supreme Court's resolution on the motion for reconsideration before voting on the impeachment.

"The decision is flawed in terms of the facts, on procedure, the one-year bar rule and on due process. This is, at least of course, our assertion. Therefore, should we not wait for a motion for reconsideration to be resolved before we proceed and vote on the matter that has been removed from the impeachment court's jurisdiction?" Pangilinan asked.

He said the Senate should assert instead its power and prerogative under the Constitution to convene as an impeachment court, which has the sole power to try and decide on impeachment cases.

Senators are still debating Marcoleta's and Sotto's motions, with Sen. Alan Peter Cayetano suggesting to amend Marcoleta's motion instead.

Watch the livestream here.