VP Sara Duterte —Richard A. Reyes                                                Executive Secretary Lucas Bersamin —House of Representatives photo

MANILA, Philippines — The progressive Bagong Alyansang Makabayan (Bayan) said it would file a second impeachment complaint against Vice President Sara Duterte today at the House of Representatives, seven days before Congress goes on Christmas break.

In a media advisory, Bayan said the new complaint would be signed by 50 representatives from the organizations of its network, as well as other concerned citizens.

Bayan president Renato Reyes, who will serve as the lead complainant, told the Inquirer that their filing will cite just one of the six grounds for impeachment: betrayal of public trust, with the specific acts related to the use of the P612 million in confidential funds by the Office of the Vice President and the Department of Education from 2022 to 2023, the subject of an ongoing House investigation.

The complaint will be endorsed by opposition Makabayan lawmakers ACT Teachers Rep. France Castro, Gabriela Rep. Arlene Brosas, and Kabataan Rep. Raoul Manuel, who earlier criticized President Marcos for trying to persuade his allies in the lower chamber not to file an impeachment complaint against his erstwhile UniTeam partner.

Former Bayan Muna representative and lawyer Neri Colmenares will serve as the group’s legal counsel.

No Palace hand

Malacañang has distanced itself from the impeachment cases against Duterte, with the President himself earlier admitting that he had advised lawmakers to steer clear of such moves against the Vice President and focus on the bigger issues facing the nation.

In a statement on Tuesday, Executive Secretary Lucas Bersamin reiterated that the Office of the President had nothing to do with the petitions initiated by private individuals.

“The impeachment complaint filed in the House by several private citizens is clearly the complainants’ independent initiative, and its endorsement the prerogative of any member of the House,” he said in a Viber message to Palace reporters.

“The Office of the President has nothing to do with it,” Bersamin emphasized.

He also noted that the President’s earlier statement expressing disagreement with the filing of an impeachment case against Duterte is “unambiguous.”

“What will happen if somebody files an impeachment? It will tie down the House, it will tie down the Senate. It will just take up all our time and for what? For nothing,” the President told reporters on Friday last week.

Bersamin repeated Mr. Marcos’ statement to dispute insinuations that Malacañang was behind the moves.

“Any suggestion that that is politically motivated or instigated by our side—no, that is never true,” he said.

First petition

On Monday, an Akbayan-endorsed impeachment complaint filed by 16 individuals from various civil society and advocacy groups, as well as relatives of the victims of the war on drugs, was filed, citing five of the six grounds for impeachment listed in the 1987 Constitution.

Former Sen. Leila de Lima, who serves as the group’s spokesperson, said they are charging Duterte for culpable violation of the Constitution, graft and corruption, bribery, betrayal of public trust, and other high crimes. Treason is the other cause for impeachment under the Charter.

Both complaints will likely be consolidated before it is put to a vote.

An impeachment proceeding starts with the House committee on justice, which reviews whether the complaint is sufficient in form and substance.

After its investigation, the committee must submit a report to the House within 60 session days with a resolution, which will be considered by the House within 10 session days.

Following the committee’s review, the members of the House will vote on whether to adopt the articles of impeachment and the concurrence of a third of all members is required to move the process forward.

If the House approves the articles of impeachment, the case moves to the Senate, which acts as the impeachment court, as provided in Section 3(7) of the Constitution.

A two-thirds majority of all senators is needed to convict and remove the Vice President, which means at least 16 out of 24 senators must vote in favor of impeachment.

Impartiality

Senate President Francis Escudero on Tuesday called on his colleagues to refrain from making any public comments regarding the impeachment complaint filed against Duterte.

He said the filing and endorsement of a complaint in the House “marks the beginning of a process enshrined in our Constitution to ensure accountability among our highest public officials.”

“Should the Senate be called upon to act as an impeachment court, any perception of bias or prejudgment would undermine not only the integrity of the impeachment trial but also the public’s trust in the Senate as an institution,” he explained.

“In light of this development, I reiterate my call to my colleagues in the Senate to refrain from making any public comments or statements regarding the allegations in the complaint’s articles of impeachment,” Escudero said in a statement.

According to Escudero, while impeachment is often described as a political exercise, it is crucial that members of the Senate approach it “with the impartiality and objectivity demanded of us.”

“We must remain steadfast in upholding the principles of justice and fairness, ensuring that every step of the process adheres to the Rule of Law,” he stressed.

No distraction

He also reminded senators that the impeachment complaint should not distract them from performing their jobs, noting that impeachment proceedings are “inherently divisive and have the potential to polarize the government and the public.”

Senate Majority Leader Francis Tolentino agreed, saying it would be unethical for senators to comment on the impeachment complaint filed against Duterte.

“As chair of the Senate committee on rules, any member should not make any comment because if ever it reaches the Senate, we will be the impeachment judge. So we should not comment on something that we may later decide on. So to be ethical and also based on the rules, we should refrain from issuing statements or comments,” he told reporters.