Although the Senate decided to archive the articles of impeachment against Vice President Sara Duterte, Akbayan Partylist Representative Atty. Chel Diokno believes that this move gives the lower chamber an opportunity to conduct further investigation.
In an interview during DZRH's Isyung Pambayan on Sunday, Diokno expressed dismay over the Senate's decision to vote on junking the case, noting that there is a pending motion for reconsideration filed by the House of Representatives before the Supreme Court.
However, the lawmaker believes this development gives them more time to investigate and strengthen the impeachment case.
"Although nalulungkot kami at nababahala kami na hindi natuloy, pagkakataon din ito para sa House na lalo pang bumuo at lalo pang palakasin ‘yung kaso para pagdating ng panahon na pwede nang mag-file ulit ay sabihin natin sobrang airtight na ‘yung magiging case," said Diokno.
"I guess hindi rin nila na-foresee na that gives an opportunity sa House of Representatives to conduct more investigation. Malay natin kung ano pa ang mga lalabas na magiging case," he added.
Despite the Senate saying that the case could still be revived, Diokno said it would have been better if the chamber did not immediately archive the impeachment case, considering the motion for reconsideration.
"Sinasabi naman ng mga Senador na pwede pa raw buhayin, mas mabuti sana ‘yung ginalang nila ‘yung proseso. Alam naman natin na pag may hatol ang Supreme Court, pwede pa namang i-rekonsidera ‘yun, hindi pa naman final ‘yung judgement ng korte," said Diokno.
Diokno also questioned the Senate's move, pointing out that it took so long for them to convene as an impeachment court but only a short time to archive the case.
"’Yun na nga ‘yung isang bagay na nagtataka din kami. Bakit noong una, na ang tagal bago na-convene ang impeachment court pero ngayon naman ang bilis na na-archive ang kaso," said Diokno.
"Kung maalala natin, December pa ‘yan na-transmit sa Senate ang articles of impeachment pero noong Hunyo na noong na-convene ang impeachment court," he added.
Senate has the sole power to decide impeachment cases
Atty. Diokno noted that there are two points that have not been thoroughly discussed — balancing the powers of the Supreme Court and the Senate.
He agreed that the Supreme Court has the authority to judge whether a government department committed a “grave abuse of discretion.” However, under the Constitution, the Senate also has the sole power to decide and try impeachment cases once it convenes as an impeachment court.
"Nandyan syempre ‘yung power ng Supreme Court na, sabihin na may isang Departamento na pamahalaan na nag-commit ng grave abuse of discretion. Tama ‘yun, talagang nasa korte ang kapangyarihan na ‘yan. Pero mayroon ding kapangyarihan ang Senado sa ilalim ng Konstitusyon natin na kapag sila ay nag-convene bilang impeachment court, sila lang ang may sole power to try and decide impeachment cases," said Diokno.
"Noong lumabas ‘yung decision ng Supreme Court, na sinasabi nilang wala daw jurisdiction ang Senate bilang impeachment court, ay nag-convene na, nandyan na ang impeachment court," he added.
Diokno said many Filipinos are waiting to see the evidence from both the House of Representatives and the accused, and to find out if the Vice President indeed committed any wrongdoing.
Furthermore, he said it could have been better if the Senate decided to "table" the impeachment, meaning the case would remain alive but not move forward temporarily.
Last July 25, the Supreme Court declared the articles of impeachment against the Vice President “unconstitutional,” citing a violation of the one-year rule under the Constitution as well as her right to due process.
However, the Court clarified that it was not absolving Vice President Duterte of the charges against her, but any subsequent impeachment complaint may only be filed starting February 6, 2026.
On August 6, the Senate formally agreed to archive the impeachment case against the VP, in line with the Supreme Court's ruling that declared the complaint "null and void ab initio" and that the Senate did not acquire jurisdiction over the case.
Voting 19 in favor, 4 against, and 1 abstention, the chamber approved the motion of Senator Rodante Marcoleta to "adhere to the immediately executory decision" of the Supreme Court en banc dated July 25, 2025, effectively transferring the impeachment complaint to the archives.
