Retired Supreme Court Senior Associate Justice Antonio T. Carpio said the first impeachment complaint against Vice President Sara Duterte will be deemed initiated by Monday under the Supreme Court’s latest ruling — even if the House of Representatives does not act.
In a recent interview, Carpio explained that the Court’s new resolution restored the traditional procedure for the second mode of impeachment (direct filing), where the Articles of Impeachment are immediately transmitted to the Senate once at least one-third of House members sign.
He welcomed this development, saying the Court “walked back” the additional requirements it had earlier imposed in its July 25, 2025 ruling.
Issue Now Centers on “Session Days”
Carpio said the remaining concern involves the first mode of impeachment, particularly the Court’s new interpretation of “session days.”
Under the Constitution:
- An impeachment complaint must be included in the Order of Business within 10 session days
- It must then be referred to the Committee on Justice within three session days
The Supreme Court’s new ruling redefined “session day” to mean calendar days when there are actual sessions, departing from long-standing parliamentary practice.
Carpio noted that traditionally, a session day “stops the clock,” allowing Congress to extend proceedings across calendar days while counting as one legislative day — a practice used in the U.S. Congress and Philippine legislatures since 1935.
Despite his concerns, Carpio acknowledged the ruling is final and binding.
Effect on the Sara Duterte Impeachment Complaint
Applying the Court’s new definition, Carpio said the first impeachment complaint against Vice President Duterte will reach the constitutional threshold by Monday.
“If the House does not act on it by Monday, it will be deemed initiated,” he said.
Once deemed initiated:
- The complaint automatically goes to the House Committee on Justice
- The committee will determine sufficiency in form and substance
- Hearings will follow if found sufficient
- A House vote could eventually transmit Articles of Impeachment to the Senate
Carpio emphasized that the House no longer has discretion once the constitutional timeline is reached.
On the Court’s Reversal
Carpio noted that the Supreme Court corrected its earlier factual finding regarding the existence of a plenary vote in the House, based on video and the House Journal.
However, he said the Court still applied its new rule retroactively — a move that raises doctrinal questions.
He explained the general rule:
New rulings should normally apply prospectively, especially when prior acts were considered lawful at the time.
This principle is known as the doctrine of operative fact, which protects parties who relied on existing law.
Still, Carpio stressed that regardless of disagreements, the Court’s ruling must be followed.
“The Supreme Court is supreme even if it is wrong,” he said.
Political Signals from the Vice President
Carpio interpreted Vice President Duterte’s reported 2028 presidential plans as a political signal to lawmakers.
According to him, the message is that strong survey numbers could lead to Senate acquittal if impeachment proceeds.
Ultimately, however, Carpio said the House must follow the Court’s ruling and proceed with the process as mandated.