VP Sara’s Legal Team: Impeachment Invalid Under One-Year Bar Rule

Philippine Vice President Sara Duterte has filed a Petition for Certiorari before the Supreme Court, asserting that the impeachment complaint filed against her violates the one-year bar rule under Article XI, Section 3(5) of the 1987 Philippine Constitution. The provision states:

"No impeachment proceedings shall be initiated against the same official more than once within a period of one year."

Legal Challenge Against the Impeachment
On February 5, 2025, the House of Representatives impeached VP Duterte on allegations including budget mismanagement, amassing unexplained wealth, and purported threats against President Ferdinand Marcos Jr. and other officials. However, Duterte’s legal team argues that this impeachment is constitutionally barred since impeachment proceedings had already been initiated in December 2024 through multiple complaints filed against her.

Duterte’s counsel emphasizes that under Francisco v. House of Representatives, G.R. No. 160261, November 10, 2003, an impeachment is “initiated” when a complaint is filed and referred to the House Committee on Justice. Since earlier complaints had already been filed in December 2024, no new impeachment proceeding can be initiated until December 2025. The February 2025 impeachment, therefore, is argued to be null and void for violating the constitutional one-year prohibition.

Alleged Manipulation of the Process

Duterte’s legal team further claims that the House intentionally delayed action on the earlier impeachment complaints to wait for a politically advantageous moment in February 2025. By doing so, they argue, the House deliberately circumvented the constitutional bar against multiple impeachment proceedings within a year. This alleged strategy, according to Duterte’s petition, constitutes grave abuse of discretion and an attempt to undermine due process.
On the other hand, House leaders counter that the earlier complaints were not formally referred to the Committee on Justice or were dismissed outright, thus making the February complaint the first valid impeachment attempt. However, Duterte’s legal counsel refutes this claim, arguing that the Constitution does not require an impeachment complaint to progress beyond referral for the one-year bar to apply.

Supreme Court Intervention and Legal Implications

The Supreme Court acknowledged receipt of Duterte’s petition on February 19, 2025, and will decide whether the impeachment violates the one-year bar rule. Duterte has also requested a Temporary Restraining Order (TRO) to halt the Senate trial, which is currently set for June 2025.
Conclusion: Impeachment is Barred Under the Constitution

Based on constitutional text, Supreme Court precedent, and the sequence of events, the February 2025 impeachment against VP Sara Duterte should be considered unconstitutional.

The one-year bar rule was designed to prevent politically motivated impeachment attempts within a short period, ensuring stability and protecting officials from repeated harassment.