So, Why Are Senators 'Remanding' the Duterte Impeachment Case?

Philippine Senators late Tuesday, June 10, voted to return the looming politically pivotal impeachment case against Vice President Sara Duterte to clarify its legality even after hours of floor debates.

The upper chamber of Congress convened as the impeachment court, where lawmakers took their oaths as jurors to try the sitting Vice President, who faces a lifetime political ban if convicted of high crimes and betraying the public’s trust.

At Tuesday’s plenary session, Senator President Francis “Chiz” Escudero and 17 other senators voted in favor of Senator Alan Peter Cayetano’s motion to return the Articles of Impeachment to the House of Representatives. The lawmaker said this does not mean dismissing the case, and just seeks to answer legal questions surrounding the trial.

Only Senate Minority Floor Leader Aquilino Koko Pimentel III, Deputy Minority Floor Leader Risa Hontiveros, and Sherwin “Win” Gatchalian opposed the move as they raised alarm on the “unnecessary ambiguity to the already politically charged proceedings,” as Hontiveros put it.

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“So I cannot accept this kind of wording. It is dangerous and disingenuous, particularly when the rules of court have suppletory application,” she said. “The same purpose could have been achieved by merely asking the House prosecutors to file a compliance and clarify certain issues.”

The opposition senator added that lawmakers cannot legally remand or return an impeachment case under the 1987 Constitution.

Gatchalian voted against the measure as he cited issues on transparency and that the lawmakers could have discussed these legal issues of the case in an open trial.

Duterte, who is 47 right now, is seen to be a major bet in the upcoming 2028 national presidential elections. She was impeached by the House of Representatives in February and has denied all accusations of budget anomalies and questions about her unusual wealth.

The daughter of tough-talking former President Rodrigo Duterte is also under fire for threatening the lives of President Ferdinand Marcos, Jr., First Lady Liza Araneta Marcos, and Speaker Martin Romualdez.

Senator Bato Dela Rosa, who was Rodrigo Duterte’s national police chief, earlier moved for the Senate to scrap the impeachment trial, but failed to prosper since Escudero ruled to proceed and to convene as the court.

Is Returning the Duterte Case to Congress Illegal?

“Senators may have shown that political partisanship will significantly influence the way they manage the impeachment process, but the public clamor to adhere to the prescriptions of the constitution is still strong,” Michael Henry Yusingco, a resident fellow at the Ateneo de Manila University Policy Center, told Esquire Philippines via an online exchange.

“There is still that silver lining that impeachment can still be an effective tool to hold high public officials accountable.”

Senate Majority Leader Francis Tolentino earlier filed a resolution that seeks to hold the impeachment trial within 19 days (June 11 to 30) ahead of the new set of lawmakers set to take office next month.

Duterte’s trial is happening on the heels of her political clan’s political rift with the Marcos family, after they ran on a joint ticket during the 2022 election, where they won landslide victories.

At least two-thirds of the upper chamber is required to convict the Vice President, which would likely be the end of her potential presidential campaign three years from now.

“For now I can only assume that this move is meant to make it appear that this is the best compromise that they can come up with given the politically charged situation that they are into,” Arjan Aguirre, who teaches political science at the Ateneo de Manila University, told Esquire Philippines in an interview.

He added that this would likely delay the impeachment trial and would add another layer that could be used to weaken the legitimacy of the process.

Senators have issued a summons to Duterte requiring her to respond to the charges even as the case is to be sent back to the lower chamber.

She is given 10 days to comply with the summons as the 20th Congress is set to convene by the end of next month.

“The numbers are clear: this is the numbers of both the Duterte camp who wish to protect VP Sara Duterte at all costs, and this is the numbers of the Marcos supporters who are scared of the blowback against the President should they proceed,” Hansley Julianno, who also teaches political science at the Ateneo de Manila University, said via an online exchange.

“While this has no precedent and is a clear display of cowardice and complicity by Senate President Escudero, the ball necessarily now falls to the house if it wishes to fight it out,” he added.

Counting Duterte, there have only been five top Philippine officials to be impeached, with only former Supreme Court Chief Justice Renato Corona being convicted.

Ex-President Joseph “Erap” Estrada had his impeachment trial scrapped in 2001 after prosecutors walked out.

Political Theatrics Shaping Public Discourse

“This political zarzuela being performed by the Senate directly benefits the Vice President. It focuses public attention on her and allows her to manipulate the news cycle,” said Yusingco, who is also an expert on the Constitution.

“She can constantly remind the public of what the Marcos administration did to her father.”

The elder Duterte is currently detained in the Hague in the Netherlands as he awaits trial before the International Criminal Court over his deadly anti-illegal drug campaign, which has killed thousands of drug suspects.

Marcos has said cooperation with the INTERPOL to carry out the arrest in Manila was in line with the government’s commitment to the rule of law.

Yusingco noted that the developments in the impeachment trial could put pressure on the President to flip public opinion in his favor.

“This can only mean that dynastic politicians may not be completely fixed on the Marcos side. Many of them could be sending signals that they could be swayed by the highest bidder,” he said.

“This seems to be the theme now as 2028 is clearly in their crosshairs.”