By Adrian H. Halili,Reporter
THE POTENTIAL junking of the impeachment charges against Vice-President (VP) Sara Duterte-Carpio could lead to a constitutional crisis, analysts said at the weekend.
Josue Raphael J. Cortez, who teaches diplomacy and governance at De La Salle-College of St. Benilde, said that the dismissal of an impeachment complaint by a senator-judge is not outlined in the Constitution and has no precedence.
“Should Congress opt to bring this to the purview of the judiciary, and the Senate still opts not to adhere to what the Supreme Court has decided upon, then a Constitutional crisis may certainly transpire,” Mr. Cortez said in a Messenger chat.
Last week, Senate President Francis G. Escudero argued the Senate could dismiss the impeachment complaint against Ms. Duterte if a motion is raised by a senator-judge, noting that there are no rules that would prevent them from acting on it.
Michael Henry Ll. Yusingco, a fellow at the Ateneo de Manila University Policy Center, said that Sections 3 (4) and (6) of Article XI of the 1987 Constitution require the undertaking of an impeachment trial.
“Therefore, the dismissal of the impeachment complaint cannot be entertained because a dismissal means no trial will be conducted. Simply put, to grant the motion to dismiss filed by VP Duterte is a violation of the constitution,” Mr. Yusingco said in e Facebook Messenger chat.
In addition, Mr. Cortez said that if the impeachment was junked, it could set a new precedent on how impeachment proceedings may transpire.
“The event can now be used as a justification for an impeachment to be junked as early as in its Congress’ stages. This, in turn, may be perilous for our justice system,” Mr. Cortez added.
He said that it could also lead to a decline in foreign investors due to ongoing political uncertainties.
“It may possibly lead to a decline in foreign investment, especially those that look into a country’s political climate as a key determinant of whether or not they will be investing,” he added.
Ms. Duterte was impeached by the House of Representatives in February. She is facing a slew of accusations including budget anomalies, unexplained wealth, and plotting the assassination of President Ferdinand R. Marcos, Jr., his wife and the Speaker. She has denied any wrongdoing.
Last week, her lawyers asked for the charges against her to be dropped as she alleged that congressmen violated the ban against multiple impeachment proceedings when they impeached her.
2028 ELECTION NARRATIVEMr. Cortez said that should the impeachment trial be dismissed, Ms. Duterte could use the narrative to gain even more support for the 2028 elections.
“She may use the impeachment trial as a narrative for her to wield more and more support and influence in recognition that Filipino voters are naturally sympathetic on cases like this,” he added.
Mr. Yusingco said that the VP is creating a narrative that she is being “unjustly persecuted by the Marcos administration.”
“She’s able to increase her chances of winning in 2028, while diminishing the chances of the administration’s chosen candidate. The dismissal of the impeachment complaint just gives her the ammunition to keep herself at the forefront of public discourse,” he added.
According to Mr. Cortez, the dismissal of the impeachment charges may hinder the Marcoses from retaining power in the next elections.
“This can be problematic for the 2028 elections should the incumbent regime attempt to retain power by making their allies hold the highest positions in government. Because clearly, this is now political alliances in action despite calls from various sectors and civil society organizations,” he added.
Ms. Duterte is among the top contenders for the country’s top post in the 2028 presidential elections, this could potentially challenge the Marcoses amid their ongoing political feud that resulted in her impeachment and her father’s arrest based on an International Criminal Court warrant.
A guilty verdict in her impeachment trial may effectively bar her from holding public office.
