Prof: Impeachment, a political process

Philippine Vice President Sara Duterte gestures as she speaks during a press conference in Manila, Philippines Friday, Feb. 7, 2025. Duterte was impeached by the lower House of Congress, the first vice president in the country’s history to face impeachment. She is set to face the Senate, where her fate as the country’s second highest leader will be decided.
Philippine Vice President Sara Duterte gestures as she speaks during a press conference in Manila, Philippines Friday, Feb. 7, 2025. Duterte was impeached by the lower House of Congress, the first vice president in the country’s history to face impeachment. She is set to face the Senate, where her fate as the country’s second highest leader will be decided.AP
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FOLLOWING the historic impeachment case against Vice President Sara Duterte, a political science professor at one of the renowned universities in Davao City believes the legal process to remove her from office, while rooted in constitutional requirements, is ultimately a political process rather than a strictly legal one as the country’s political system is inherently partisan.

Lindsey Espino, a longtime professor at the University of Mindanao (UM), explained to SunStar Davao that although the 1987 Philippine Constitution lays out the framework for impeachment, the outcome is heavily influenced by the political landscape, where loyalty, party affiliation, and the shifting dynamics of power often determine the final decision.

“I believe that impeachment is a political rather than legal process even if it follows a constitutional requirement because it will be a numbers game in the end. Politics in the Philippine setup is always partisan by nature,” Espino said in a phone interview on February 9, 2025.

In practical terms, while certain actions or decisions in a country's political system — such as the appointment of judges, election processes, or government formation — are often grounded in constitutional laws or legal frameworks, the way these processes are done is heavily influenced by political dynamics.

In many democratic systems, including the United States, the Constitution provides the basic guidelines for governance, outlining how laws should be created, interpreted, and enforced. However, the execution of these guidelines is influenced by the political landscape, which is inherently divided along party lines. This division creates a tension between what is constitutionally required and what political actors, such as lawmakers or executives, believe best serves their interests or the interests of their party.

Espino also clarified that as the constitutional requirements have been met with 240 votes from the 306 members of the House of Representatives, more than one-thirds of the minimum required signatures, the vice president herself then should face a Senate trial, which is set to begin after Congress reopens on June 2. This is to prevent a repeat of the stalled 2001 impeachment proceedings involving former President Joseph Estrada, which sparked massive protests and led to his resignation during a popular uprising in Metro Manila.

“Yes, I believe the impeachment case will continue since the constitutional requirement was already satisfied on the lower house's side and the upper house's transmittal. Also, the Vice President already pronounced that many legal counsels are volunteering to defend her case if the trial continues,” he said.

The professor also cited that the proceedings are in accordance with Article XI, Section 3 of the 1987 Philippine Constitution, which states that a verified complaint for impeachment may be filed by any member of the House of Representatives or by any citizen, upon a resolution or endorsement by any member. The complaint must be included in the Order of Business within 10 session days and referred to the appropriate committee within three session days thereafter.

Meanwhile, Espino stated that the political impact of the impeachment would be reflected in the upcoming midterm elections, where pro-Sara senatorial candidates would compete with anti-Duterte rivals. He emphasized that success would depend on how effectively each side can sway the Filipino electorate ahead of the electoral process.

“The political implications of the impeachment will be gauged in the political exercise in the 2025 midterm election on how the pro-Sara senatorial candidates will be doing well against the anti-Duterte senatorial candidates, on how they will convince the Filipino electorate to vote for them in the upcoming May 12  2025 election,” he added.

In December 2024, four impeachment complaints were filed against Duterte. The House of Representatives approved the measure on February 5.

Duterte, the first Philippine vice president to face impeachment, will remain in office until the Senate issues a final verdict.

The charges, which include graft and corruption, bribery, and betrayal of public trust, stem from her alleged mishandling of confidential funds. Duterte is also accused of abusing her discretionary powers in relation to the P612.5 million allocated to the Office of the Vice President and the Department of Education (DepEd). Other claims against her include involvement in extrajudicial killings of drug suspects and failing to take a firm stance on China’s territorial claims in the South China Sea.

With the signature threshold being met, the impeachment complaint now serves as the formal Articles of Impeachment, transmitted directly to the Senate without a plenary vote. 

On February 7, House Secretary General Reginald Velasco confirmed that 25 more lawmakers had signed, raising the total to 240. Among the signatories were President Ferdinand “Bongbong” Marcos Jr.’s son, Ilocos Norte Representative Sandro Marcos, and House Speaker Martin Romualdez. The complaint garnered support from at least 101 lawmakers from Luzon, 40 from the Visayas, and 41 out of 60 representatives from Mindanao. 

In Davao, only one out of 11 district representatives, John Tracy Cagas of Davao del Sur, supported it, while 33 of 61 party-list representatives also endorsed the complaint. DEF

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