By Ray G. Talimio Jr.
Election lawyer Atty. Romulo Macalintal has added a crucial perspective to the ongoing debate over the impeachment case against Vice President Sara Duterte. In his February 7 interview with ANC, Macalintal cited Rule XLIV, Section 123 of the Senate Rules which provides that all pending matters—including impeachment proceedings—are automatically terminated at the end of each Congress. With the 19th Congress ending on June 30, 2025, Macalintal warned that any unresolved trial against the Vice President would effectively lapse. Restarting it in the 20th Congress would require a fresh complaint, potentially violating the one-year constitutional bar against multiple impeachment proceedings against the same official.
This interpretation is not new. The 2008 Supreme Court ruling in Garcillano v. House of Representatives upheld the same principle: unfinished legislative matters, including impeachment complaints, do not carry over to the next Congress. As such, Macalintal believes the case must either be concluded by June 30 or risk being archived for good. What complicates matters further is that filing a new complaint too soon could run afoul of the Constitution’s one-year rule, putting complainants in a procedural bind and giving VP Duterte a legal shield—at least temporarily.
Senate President Chiz Escudero, however, appears to hold a different view. He has publicly committed to opening the Senate trial when Congress resumes sessions in early June. Yet, critics and legal experts argue that the time remaining—less than a month—is simply not enough to adopt trial rules, serve summons, prepare witnesses, and hear the case fully. If Congress fails to act decisively, the case may either be dragged into legal limbo or dismissed altogether. In this legal tug-of-war, Macalintal’s intervention serves as a stark reminder that the Constitution, not politics, sets the clock.
Sources:
• ANC Digital, “Soundbytes” (February 7, 2025 episode)
• BusinessMirror, “Sara’s impeachment: It’s now or never” (Feb. 18, 2025)
• Garcillano v. House of Representatives, G.R. No. 170338 (2008)
• Senate of the Philippines Rules of Procedure, Rule XLIV, Sec. 123
Photo Credits (in sequence):
1. Office of the Vice President (official photo)
2. RTVM screengrab / DepEd press conference
3. ANC Digital – Soundbytes, February 7, 2025
4. ANC Digital – Election lawyer interview
5. Sarsuwela sa Politika (Facebook Reels)
The Author:
Ray G. Talimio Jr. is the Co-Chairman of the Economic Development Committee of the Regional Development Council-X (RDC-X) and Chairman of the MSMED Council of Misamis Oriental and Cagayan de Oro City. He also chairs the BIMP-EAGA Northern Mindanao Region. He writes the regular column “From the Sidelines” to share analysis, reforms, and reflections on public policy, governance, and economic development.
Disclaimer:
The views and opinions expressed in this column are solely those of the author and do not necessarily reflect the official policy or position of any agency, organization, employer, or affiliated groups.
