Resignation Won’t Save Sara Duterte: Senate May Still Ban Her for Life!

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The recent impeachment of Philippine Vice President Sara Duterte has ignited a complex legal and political debate: Can the Senate Impeachment Court impose a lifetime ban on her holding public office, even if she resigns before or during the trial? This question delves into the core of the nation's constitutional processes and the pursuit of accountability for public officials.

Impeachment Proceedings and Potential Resignation

On February 5, 2025, the House of Representatives impeached Vice President Duterte on charges including a culpable violation of the Constitution, graft and corruption, and betrayal of public trust. The allegations encompass a purported plot to assassinate President Ferdinand Marcos Jr., large-scale corruption involving confidential funds, and other serious misconduct. The case now awaits trial in the Senate, which is constitutionally mandated to convene as an impeachment court upon receipt of the articles of impeachment.

Amid these proceedings, speculation has arisen that Vice President Duterte might consider resignation as a strategy to evade the trial and potential penalties. However, legal experts and lawmakers assert that resignation does not necessarily shield an official from the consequences of impeachment.

Legal Perspectives on Resignation and Disqualification

1-Rider Party-list Representative Rodge Gutierrez, a member of the House Prosecution Panel, emphasizes that the impeachment process serves two primary purposes: removal from office and the imposition of a penalty of perpetual disqualification from holding any public office. He argues that resignation might circumvent removal but should not negate the possibility of disqualification. Gutierrez states, "The purpose of impeachment is one, removal from office, and two, the penalty of perpetual disqualification from holding a public office. And I believe resignation, while it might avoid the first penalty, the second penalty is still there." 

This viewpoint is echoed by House Assistant Majority Leader and Lanao del Sur 1st District Representative Zia Alonto Adiong, who underscores that the impeachment trial must proceed irrespective of the Vice President's resignation. He notes that once the House transmits the impeachment complaint, the Senate is constitutionally obligated to convene as an impeachment court and render a decision on the charges. Adiong explains, "The process of the impeachment trial is not tied up with the resignation of the certain official na na-impeached, di ba?" 

Historical Context and Constitutional Interpretations

The Philippine Constitution provides the framework for impeachment but does not explicitly address the impact of resignation on the proceedings. Historically, in cases such as those of Ombudsman Merceditas Gutierrez and Commission on Elections Chairman Andres Bautista, officials resigned before the Senate could convene as an impeachment court, leading to the cessation of the process. However, these precedents do not conclusively determine whether the Senate retains jurisdiction to impose disqualification after a resignation.

Legal scholars offer differing interpretations. Some argue that the Senate should retain the authority to proceed with the trial to fulfill the impeachment's dual objectives. Others contend that resignation renders the process moot, as the primary goal of removal from office becomes irrelevant. This divergence highlights the need for a definitive constitutional or legislative clarification.

Implications for Democratic Institutions

The outcome of this legal debate carries significant implications for the integrity of the Philippines' democratic institutions. Allowing resignation to nullify the possibility of disqualification could set a precedent enabling officials to evade accountability through strategic resignation. Conversely, asserting the Senate's authority to impose disqualification post-resignation reinforces the principle that public officials are answerable for their actions, irrespective of their office status.

As the nation anticipates the Senate's actions, the resolution of this issue will not only impact Vice President Duterte's political future but also shape the contours of executive accountability and the rule of law in the Philippines.

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