Vice President Sara Duterte scored what one Ilonggo legal expert described as a “two-zero win” following the Senate’s move to archive the impeachment complaint against her.

“This is a two-big-win scenario for the Vice President,” said Atty. Jeremy Moreno, a professor at the University of San Agustin College of Law.

“First, the Supreme Court’s (SC) decision already works in her favor, since the impeachment trial can’t proceed this year—at least not until February 6, 2026. That leaves the House’s position weakened,” according to him.

The second win, Moreno claimed, came when 19 of 24 senators voted to archive the complaint—effectively freezing any trial until the SC resolves the Motion for Reconsideration filed by the House and other petitioners.

“In fact, the Senate’s decision to hold off the trial is another big win. The House wanted it to proceed. This delays it further,” he added.

Not a dismissal, but a strategic pause

Moreno clarified that archiving the complaint doesn’t mean dismissing it altogether—it simply places it on hold, allowing the Senate to revive it through a majority vote if the situation changes.

“They didn’t kill the issue; they just shelved it. If the SC sides with the House, the Senate can bring it right back,” he explained.

The Senate, he said, opted for a cautious route. “Had they dismissed the case outright, and the SC later granted the House’s motion, there’d be no more trial. This way, they’re covering all bases.”

Moreno warned that going ahead with the trial would’ve created a constitutional crisis, as the SC had already voided the Articles of Impeachment on procedural grounds.

“The Court ruled the impeachment was invalid. If the Senate ignored that, it would’ve put the legislative and judicial branches on a collision course,” he said. “This is a high-stakes case—it’s wise not to risk institutional conflict.”

The SC’s ruling reiterated that only one impeachment proceeding can be initiated against a public official within a year. Initiation occurs the moment a verified complaint is filed and referred to the House Committee on Justice.

Moreno also highlighted the political undercurrents of the Senate vote, noting that the 19-vote margin included lawmakers not known to be Duterte allies.

“The Senate is a political body as much as it is legal. Every vote carries political weight. Archiving the complaint may be legally sound, but it’s also politically strategic,” he said.

Still, four senators voted against shelving the case, arguing that the chamber must not shy away from its constitutional duty, even when high-ranking officials are involved.

Moreno added that the Senate vote also underscores how difficult it would be to convict Duterte in an actual trial. “She needs just nine votes to be acquitted. With 19 votes siding with her now, it’s safe to say she has more than enough.”

Senator Panfilo Lacson abstained, saying the Senate should wait for the SC’s decision on the pending Motion for Reconsideration.

That same logic, Moreno noted, is what drove the Senate to archive the case rather than risk a premature trial.

While Moreno declined to weigh in on the strength of the impeachment complaint itself, he said overturning a unanimous en banc ruling by the Supreme Court would be rare.

“Reversals do happen, but mostly when the decision is closely split. This one was unanimous. That’s hard to overturn,” he said.

Still, he acknowledged that the House’s motion for reconsideration appears substantial, and a reversal—while unlikely—is not impossible.

If the motion is denied, the case will be effectively dead for now.

Under the Constitution, a new complaint can only be filed after February 6, 2026. But if the motion is granted, the trial could push through without further legal obstacles.

“February is just around the corner,” Moreno noted. “If the motion is denied, I expect the House to file again. They won’t be backing down.”IMT