THE impeachment trial of Vice President Sara Duterte can—and must—proceed under the 20th Congress because constitutional accountability transcends legislative terms, House prosecution panel spokesperson Atty. Antonio Audie Z. Bucoy said on Tuesday.
Responding to a directive from the Senate for the House of Representatives to clarify its intent to pursue the case, Bucoy rejected the notion that the trial cannot “cross over” from the 19th to the 20th Congress. He called this a fundamental misunderstanding of how constitutional processes operate.
He argued that impeachment is not a legislative act, but a constitutional process that continues even as Congress transitions.
“Sa akin pong pananaw at pananaw ng prosecution panel, there’s no such thing as crossover,” Bucoy told a press conference.
“Ang natatapos po ay ‘yung legislative work, ang paggawa ng batas. ‘Yung institusyon ng Kongreso, ‘yung institusyon ng Senado ay hindi po ‘yan nag-e-expire. Tuloy-tuloy po ‘yan,” he pointed out.
Bucoy explained that the confusion stems from equating the end of a legislative session with the expiration of institutional jurisdiction—an interpretation he said is incorrect under the Constitution and established jurisprudence.
“It’s a misnomer to say, ‘Will it cross over?’ There’s nothing in the Constitution that says crossover,” Bucoy said.
“In fact, sa ilang decided cases gaya po ng Pimentel v. Joint Committee, sinabi ng Supreme Court na ang napuputol ay ang legislative session—hindi ang proseso ng impeachment,” he added.
He likened the Senate impeachment court to a collegial body such as the judiciary, where proceedings do not restart simply because some members have changed.
“Ang institusyon does not expire. Gaya po ‘yan sa collegial body, meaning judges composed of more than one. Kahit na ho magpalit ‘yung mga hukom doon, hindi naman back to square one ‘yung paglilitis. Tuluy-tuloy ‘yan,” he said.
“Ganoon din ang impeachment court. It doesn’t matter what the composition is because the institution survives. It does not expire. It is the legislative function that expires,” Bucoy continued.
The House impeached Vice President Duterte in February 2025 on charges including threatening the life of President Ferdinand R. Marcos Jr., First Lady Liza Araneta-Marcos and Speaker Ferdinand Martin G. Romualdez; culpable violation of the Constitution; betrayal of public trust; and misuse of confidential and intelligence funds during her concurrent tenure as education secretary in 2022 and 2023.
The Senate, now sitting as an impeachment court, had asked the House to confirm whether it still intends to pursue the case in the 20th Congress.
House prosecutors have maintained that their mandate endures, and that the trial must move forward as a matter of justice and constitutional duty.
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