If VP Sara Duterte resigns, what happens to the impeachment? Experts weigh in.

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MANILA, Philippines — Although Vice President Sara Duterte said on Friday, February 7, that she has not discussed resignation plans with her lawyers, what would happen to the impeachment trial if she steps down?

Lawyers hold differing views on whether the impeachment trial can proceed if Duterte resigns. For lawyer and constitutional law lecturer Antonio “Tony” La Viña, the trial can still move forward even if she steps down.

“Yes, impeachment proceedings can still proceed even if Vice President Sara Duterte resigns from office,” he said in a Facebook post on Thursday, February 6. 

Since the articles of impeachment — outlining the allegations and grounds for removal — have already been transmitted to the Senate, La Viña said Congress can decide whether to continue proceedings even if Duterte is no longer in office.

However, he explained that the process could become “moot and academic,” meaning irrelevant, if she resigns before a conviction, as “there would be no need to remove someone who is no longer in office.”

The only penalties the Senate impeachment court can impose, requiring a two-thirds vote, are removal from office and disqualification from running again.

“But the officer can still be convicted by the impeachment court and a penalty of disqualification to hold public office may still be imposed against the official,” he said. 

Meanwhile, former Supreme Court Senior Associate Justice Antonio Carpio believes the impeachment trial would no longer proceed if Duterte resigns before a conviction.

“So I think they will just dismiss the impeachment complaint because she's no longer in office,” he said in an interview with ONE News. 

He also noted that resigning before a “judgment of conviction” would allow Duterte to run again in the 2028 elections.

If the Senate proceeds with the trial, Carpio said Duterte could challenge its jurisdiction before the Supreme Court, which would then decide whether Congress can still act on the case.

“Well, if the Senate will continue, she will go to the Supreme Court and the Supreme Court will have to decide because that's a case of first impression,” he said. 

Alternative ways to disqualify an official

However, both La Viña and Carpio emphasized that impeachment is not the only means by which a public official can be barred from holding office.

“They can file a criminal case because that's separate. In the criminal case, if she is found guilty, there will be a prohibition of office,” Carpio said.

“Not in the impeachment case, but if there's a criminal case, there's a perpetual disqualification also if she's convicted,” he added. 

If the Senate acquits Duterte or she resigns before a conviction, a criminal case may still be filed against her based on the same allegations.