Angela Buenavidez

Vice President Sara Duterte believed constitutional issues exist as she faces the fourth impeachment case filed against her.

Photo Courtesy of Rappler.

Duterte’s legal counsel pushed through a Certiorari and Prohibition petition on February 17 seeking due process from the Supreme Court. 

240 congressmen in total signed the fourth impeachment complaint against her on February 5, prompting the Senate to endorse the next one. 

“This is a petition under Rule 65 of the Rule of Court which seeks to issue a writ of certiorari to nullify the fourth impeachment complaint filed by 215 members of the House of Representatives on February 5 [fourth impeachment complaint] for violating Section 3 (5), Article XI of the Constitution, which says that "No impeachment proceedings shall be initiated against the same official more than once within one year" ("One-Year Bar"),” the petition stated. 

It added further that the impeachment must be declared void due to “the House committing grave abuse of discretion” after freezing action on the first three cases.

“Is the House permitted to have that unbridled discretion with its own set of rules that it had promulgated for impeachment proceedings just so it could pave the way for some fourth impeachment complaint?,” Sison said in an interview.

Duterte’s lawyer, Sheila Sison asked the SC whether this move would be permitted provided the constitution was being violated. 

SC spokesperson Camille Ting urges the Senate to comment on the petition with a non-negotiable 10-day period upon notice.

In a press conference, spokesperson Ting said, “Gernillo Jr. filed a petition for mandamus asking the supreme court to direct the members of the senate to immediately constitute themselves as an impeachment court to try the [impeachment] charges against vice president Sara Duterte.”

“It does not mean that just because she filed a petition questioning the process, she is not willing to face these accusations anymore,” lawyer Sison said in a separate interview. 

Duterte remains determined to face her impeachment charges to answer questions regarding her alleged misuse of funds and other allegations against her. She said she has not thought of resigning as vice president until the House impeaches her.

Senate President Escudero earlier said the VP’s impeachment cases may take place in July after the 2025 election once the new senators take office with an allotted budget of less than 1 million pesos.

A petition with the SC was filed last February 14 to “immediately” convene as an impeachment court and begin the trial of Vice President Sara Duterte.

Impeachment complaints against the vice president were all filed in December 2024.