Senate may dismiss Sara Duterte impeachment case, says Senate President Escudero

The Senate impeachment court could decide by a simple majority – at least 13 votes – whether to dismiss the impeachment case against Vice President Sara Duterte, according to Senate President and Presiding Officer Francis Escudero. Speaking at a June 25, 2025, press conference, Escudero clarified that any motion, including one for dismissal, may be resolved without a full trial.

When asked if the case could be dropped without a formal hearing, Escudero responded, “Everything is possible,” but added that he personally preferred that evidence be presented before any ruling is made.

The trial is tentatively set to begin on July 30, 2025.

Sara Duterte submitted her response to the articles of impeachment on June 23, 2025, pleading not guilty and urging the court to dismiss the case. She claimed that the House violated the Constitution’s one-year ban by impeaching her in February based on a fourth petition.

Duterte also said she cannot be compelled to respond to the impeachment articles that have been returned by the Senate to the House of Representatives.

Prosecution spokesman Antonio Bucoy argued that the articles of impeachment against Duterte remains valid, pointing out that the Senate issued the writ of summons that led her to submit a response.

Impeachment prosecutors returned the articles of impeachment to the House of Representatives “without dismissing nor terminating”  the impeachment case when the Senate officially convened as an impeachment court on June 10, 2025.

The prosecutors sought to clarify two points: whether the House of Representatives did not violate the law while filing impeachment complaints and whether the 20th Congress remains committed to the impeachment process.

In its response filed with the Senate impeachment court on June 25, 2025, the House of Representatives defended its process, asserting it did not violate constitutional rules. The confirmation of its commitment to the impeachment process cannot happen until Congress reconvenes on July 28, creating a temporary legal gap during the transition.

Opposition Senator Risa Hontiveros opposed the idea of dismissing the case without a full trial. “I do not agree that it is our right, as the Senate impeachment trial court, to vote on and decide on a motion to dismiss,” she said, stressing the need for a proper trial before a decision is made.

Senator Panfilo Lacson echoed this sentiment, saying it would be improper for senators acting as judges to dismiss the case without hearing the evidence. He cited Article XI, Section 3 of the 1987 Philippine Constitution, which grants the Senate the sole power to try impeachment cases. The Constitution does not grant the Senate, acting as an impeachment court, the authority to dismiss a case without first hearing the evidence.

A recent national survey revealed that 78% of Filipinos support proceeding with the trial, reflecting strong public sentiment for accountability among high-ranking officials.

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