Senator Tolentino urges dismissal of impeachment case due to Constitutional deadline

MANILA, Philippines - Senator Francis "Tol" Tolentino on Monday delivered a compelling manifestation before the Senate, asserting that the impeachment trial of Vice President Sara Duterte can no longer proceed due to constitutional and procedural limitations.

Tolentino emphasized that the Articles of Impeachment were transmitted to the Senate 117 days ago, but the trial is only set to commence on June 11, 2025, just two days before the Sine Die Adjournment of the 19th Congress.

He cited Article XI, Section 3(6) of the 1987 Constitution, which mandates that the Senate must proceed to trial "forthwith" - a term he stressed means immediately and without undue delay. "The command of the Constitution is clear. "Forthwith" is not a suggestion. It is a legal imperative," Tolentino said during his manifestation.

Citing Supreme Court rulings (Neri v. Senate and Balag v. Senate) and Senate rules, Tolentino argued that the Senate under the 1987 Constitution is not a continuing body. As such, the jurisdiction of the current Senate to try the impeachment case ceases at noon on June 30, 2025. He warned that attempting to transfer this jurisdiction to the 20th Congress would be an ultra vires act, or a move beyond the powers granted by the Constitution.

The Senate Majority Leader also invoked foreign legislative principles, including Jefferson's Manual which affirms that unfinished business at the end of one Congress does not carry over to the next Congress.

"Kahit anong pilit, hindi maitatawid -lalo na't kung lalabag sa Saligang Batas," he added, emphasizing that any attempt to push the trial past the constitutional deadline would be invalid and unconstitutional.

Tolentino concluded by calling for the functional dismissal of the case due to constitutional operation, urging the Senate to respect institutional integrity and constitutional order.

The full manifestation will be entered into the official records of the Senate sitting as an Impeachment Court.