Sara's impeachment law retcon

The Duterte impeachment Supreme Court decision may disbar lawyers who graduated after 2003.

- OSCAR FRANKLIN TAN

Unlike Thanos, this did not announce how it obliterated not just VP Sara Duterte's impeachment, but past impeachments and 21 years of Bar exams on the 2003 Francisco case.

This confusing endgame revolves around our Constitution's Art. XI, Sec. 3, prohibiting impeachment "initiated" more than once a year.

A verified complaint filed "shall be included in the [House] Order of Business within 10 session days, and referred to the proper committee within three session days."

Finally, if a complaint is filed by one-third of all congressmen, Senate trial "shall forthwith proceed."

The endgame began with a complaint filed Dec. 2, 2024, spanning fund misuse, the West Philippine Sea and Davao Death Squad. Two more were filed on Dec. 4 and 19.

The House never "referred" these. Instead, on Feb. 5, 2025, a fourth complaint signed by 240 congressmen was filed. This covered intelligence fund misuse and a threat to assassinate the President.

The date is key. Sec. 3 cites "session" not calendar days. Duterte computed Feb. 5 was in the 10th session day after the first filing.

So what is the Francisco case?

In 2003, the SC blocked Chief Justice Hilario Davide Jr.'s impeachment.