MANILA — Constitutional experts have warned that the Senate may have violated the country’s Constitution by returning the impeachment complaint against Vice President Sara Duterte to the House of Representatives.

In a strongly worded statement, the Philippine Constitution Association (Philconsa), chaired by former Chief Justice Reynato Puno, said the Senate’s move “raises grave constitutional questions and challenges the integrity of the impeachment process.”

Philconsa criticized the Senate’s decision to remand the case, arguing that once the upper chamber assumes jurisdiction as an impeachment court, it cannot suspend or relinquish that authority without concluding the trial.

“Public office is a public trust. The accountability of public officials cannot be overstressed — and must never be evaded through procedural artifice,” Puno said.

The Senate had earlier asked the House to formally certify that the impeachment complaint adhered to constitutional requirements, including the one-year ban on repeat filings, and to confirm that the 20th Congress intends to pursue the case.

Philconsa questioned whether such requirements have a legal basis.

“Is the mere lack of certification from the House of Representatives sufficient to justify remand of the case and suspension of trial? Philconsa submits that no such requirement exists under the Constitution or established impeachment practice,” Puno added.

The group warned that imposing such conditions could constitute “grave abuse of discretion,” infringe on the House’s exclusive power to initiate impeachment, and compromise the impartiality of the Senate as an impeachment court.

“Once the Senate is clothed with jurisdiction… that jurisdiction cannot be lost or suspended by mere procedural acts. It remains until final resolution or dismissal by the court itself,” Puno said.

Chamber’s Actions as Legal and Necessary – Romualdez

Speaking on the final session day before Congress adjourned for recess, House Speaker Martin Romualdez — who also serves as Philconsa president — defended the chamber’s actions as both legal and necessary.

“The House acted not out of haste, but with deliberate care,” he said. “This is not a political exercise; this is our constitutional duty.”

Romualdez warned that the Senate’s refusal to proceed with the trial could set a dangerous precedent, eroding public trust in democratic institutions.

“We act not for ourselves, but for every Filipino who believes public office is a public trust,” he said. “Let history be the witness: the House stood firm — not in our position, but in conviction.”

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