Two House leaders, including a member of the 11-man House prosecution panel, asserted Monday that the impeachment trial of Vice President Sara Duterte may legally proceed even after the transition to the 20th Congress, citing historical precedent from the United States.
“Yes, that’s why we ended it and filed it, because the ball is now in the Senate and the Senate will be able to hear it based on the Articles of Impeachment that we filed,” said Manila Rep. Joel Chua, a member of the House prosecution team, in a press briefing.
Chua, chairman of the House Committee on Good Government and Public Accountability, pointed out that in the US, impeachment cases have crossed congressional sessions and proceeded to trial in the next Congress.
“You know, that happens in America. I think it’s been four times where the impeachment was filed in another Congress, in the next Congress the impeachment was tried. So, this is not new, it has also happened in America,” he said.
Tingog Party-list Rep. Jude Acidre supported Chua’s statement, citing the case of former US President Bill Clinton.
“I’ll just add that, that’s what happened to Bill Clinton. Bill Clinton, former President of the USA was impeached by the 105th Congress. Then his trial happened during the 106th Congress, Senate of the 106 Congress,” Acidre explained.
The rules on impeachment in the Philippines are largely patterned after the US impeachment system, but with some key differences.
Acidre further noted that the Philippine Constitution clearly distinguishes legislative and non-legislative functions, and impeachment falls under the latter.
“Like what Chairman Chua said, the Constitution actually makes a distinction between the legislative and non-legislative functions of Congress, and our impeachment power is included in the non-legislative,” the party-list lawmaker said.
Acidre emphasized that non-legislative functions are not bound by the regular transitions of Congress. He also cited constitutional provisions that assign specific roles to each chamber of Congress in the impeachment process.
“The Constitution is clear: the House has the exclusive right to impeach. The Senate has the sole power to try and hear cases of impeachment,” he said.
With the Articles of Impeachment already transmitted to the Senate, Acidre emphasized that it is now the Senate’s duty to carry out its constitutional role.
The impeachment of Clinton serves as a direct precedent, having been impeached by the 105th US Congress on December 19, 1998, with his Senate trial commencing on January 7, 1999, during the 106th Congress. The trial concluded with his acquittal on February 12, 1999.
This example reinforces the argument that an impeachment process does not expire simply because a new Congress is convened.
According to Chua and Acidre, the same principle applies to the Philippines, where the House of Representatives’ impeachment power remains intact despite a congressional transition.
20th Congress can act on VP impeachment trial—solons
