THE Senate impeachment court retains the power to impose a lifetime ban on Vice President Sara Duterte from ever holding public office even if she chooses to resign before or during her impeachment trial, according to a House prosecutor handling her impeachment case.
1-RIDER Party-list Rep. Rodge Gutierrez, a member of the 11-man House prosecution panel, underscored that resignation does not nullify the impeachment process, especially the penalty of perpetual disqualification from holding public office.
“The purpose of impeachment is one, removal from office, and two, the penalty of perpetual disqualification from holding a public office. And I believe resignation while it might avoid the first penalty, the second penalty is still there po,” he said.
Gutierrez further argued that resignation should not be used as an escape route from accountability.
“I don’t think you should take away the power from the Senate impeachment court to impose that second penalty just by simple resignation,” he stressed.
The House of Representatives impeached Duterte on February 5, on charges of culpable violation of the Constitution, graft and corruption and betrayal of public trust. With 215 lawmakers endorsing the complaint, the case was transmitted to the Senate for trial, but the upper chamber has yet to convene as an impeachment court.
House Assistant Majority Leader and Lanao del Sur Rep. Zia Alonto Adiong emphasized that the impeachment trial must proceed, regardless of whether Duterte remains in office or not.
“The process of the impeachment trial is not tied up with the resignation of the certain official na na-impeached, di ba?” he said.
Adiong further explained that once the House transmits the impeachment complaint, the Senate is obligated under the Constitution to convene as an impeachment court and rule on the charges.
“The Congress in this case na-impeach si VP Sara, and automatic, the Senate will have to really convert itself into an impeachment court para mag-decide kung ano ang magiging ruling,” he pointed out.
The impeachment charges against Duterte include her alleged plot to assassinate President Ferdinand R. Marcos Jr., large-scale corruption involving confidential funds and other violations of public trust.
House prosecutors have vowed to present strong evidence proving her abuse of power and criminal misconduct.
With Duterte facing mounting legal troubles, there has been speculation that she might resign in an attempt to evade trial and prevent further damage to her political future.
However, Gutierrez reiterated that the prosecution panel will be prepared for any scenario.
“Even with the resignation, that would depend po the timeline, but we would still prepare for it. If there is a resignation but the impeachment court says tuloy po, then we will be prepared. If the resignation happens during the trial, we will be prepared,” he asserted.
Legal experts have pointed out that resignation does not automatically render an impeachment trial moot.
Despite the Senate’s delay in convening as an impeachment court, pressure has been mounting for senators to act swiftly. Several legal analysts argue that allowing Duterte to walk away without accountability would weaken the country’s democratic institutions and set a dangerous precedent for public officials accused of high crimes.
Adiong insisted that the constitutional process must be followed to its conclusion, regardless of Duterte’s political maneuvering.
“It’s more on the operation of what the Constitution mandates for Congress to do in terms of impeaching a certain public official,” he explained.
