Explainer: What really happens when a vice president is impeached?

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MANILA, Philippines —The House of Representatives is set to deliberate in plenary on Monday afternoon, May 11, on the Articles of Impeachment filed against Vice President Sara Duterte, a development that could lead to her possible second impeachment in less than two years.

The plenary will tackle Committee Report No. 261, which was approved by the House Committee on Justice following weeks of hearings on allegations involving the alleged misuse of confidential funds, unexplained wealth, bribery, and threats against top government officials.

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Batangas 2nd District Rep. Gerville “Jinky Bitrics” Luistro, chair of the House Committee on Justice, is expected to sponsor and defend the committee report before the plenary.

She said lawmakers will be given the opportunity to scrutinize the findings, probable cause determination, and the four Articles of Impeachment.

The committee earlier unanimously voted 53-0 to find probable cause to impeach Duterte, followed by a 55-0 vote approving the committee report and the accompanying Articles of Impeachment.

Luistro said House members should expect intense debates on both the findings and the conduct of the proceedings, but stressed that the committee is prepared to respond to all questions.

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KEY ALLEGATIONS IN THE IMPEACHMENT CASE
The Articles of Impeachment consolidate multiple complaints filed earlier this year, outlining four major allegations:

  1. Alleged misuse of confidential funds
    Lawmakers scrutinized the reported P612.5 million in confidential funds, including P500 million from the Office of the Vice President and P112.5 million from the Department of Education during Duterte’s tenure as Education Secretary.
  2. Alleged unexplained wealth and financial discrepancies
    Findings from the Anti-Money Laundering Council (AMLC) reportedly identified 663 suspicious transactions amounting to approximately P6.77 billion allegedly linked to Duterte and her husband, lawyer Manases “Mans” Carpio. Her Statements of Assets, Liabilities, and Net Worth (SALNs) also showed an increase in net worth from P7.25 million in 2007 to P88.51 million in 2024.
  3. Alleged bribery within DepEd
    Lawmakers examined testimonies involving the alleged distribution of cash envelopes labeled “HOPE,” reportedly given to Department of Education officials involved in procurement activities.
  4. Alleged threats against top officials
    The fourth article centers on Duterte’s alleged public remarks in November 2024, where she reportedly said she had instructed someone to target President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and House Speaker Martin Romualdez if harm came to her.

IMPEACHMENT THRESHOLD AND PROCESS
Under the Philippine Constitution, at least one-third of all House members, 106 out of 318, must vote in favor for the Articles of Impeachment to be transmitted to the Senate for trial.

If approved, the Senate will act as an impeachment court, where a two-thirds vote of 24 senators is required for conviction and removal from office.

The House will conduct a nominal voting process, where each member will publicly cast their vote.

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HOW IMPEACHMENT WORKS IN THE PHILIPPINES
Under the 1987 Philippine Constitution, impeachment is the legal mechanism used to remove high-ranking government officials accused of serious offenses.

Those who may be impeached include the President, Vice President, Supreme Court justices, members of constitutional commissions, and the Ombudsman.

Officials may face impeachment over offenses such as culpable violation of the Constitution, treason, bribery, graft and corruption, betrayal of public trust, and other serious crimes.

IMPEACHMENT PROCESS
The process begins when a verified complaint is filed by either a member of the House of Representatives or a private citizen endorsed by a lawmaker.

The complaint is then referred to the House Committee on Justice, which evaluates whether the allegations have sufficient basis.

If the panel finds merit in the complaint, hearings and investigations are conducted before a report is submitted to the House plenary.

To elevate the case to the Senate, at least one-third of all House members must vote in favor of the articles of impeachment.

Once transmitted, the Senate acts as an impeachment court, with senators serving as judges. A two-thirds vote of all senators, or at least 16 votes, is required to convict and remove the Vice President from office.

A conviction would not only remove the official from office but could also permanently bar them from holding any public position in the future. Separate criminal charges may still be pursued after impeachment proceedings.

WHO REPLACES THE VICE PRESIDENT?

If the Office of the Vice President becomes vacant after impeachment, the Constitution authorizes the President to nominate a replacement from either the Senate or the House of Representatives.

The nominee must then secure confirmation from both chambers of Congress.

A similar transition occurred in 2001 when former President Gloria Macapagal Arroyo appointed Teofisto Guingona Jr. as Vice President following the ouster of Joseph Estrada during the EDSA Dos uprising.

At the time, Arroyo cited Guingona’s role in the anti-Estrada movement, including his well-known “I Accuse” privilege speech, as among the reasons behind his appointment.

BACKGROUND

Political tensions between allies of the Duterte and Marcos camps have continued to intensify following disputes over confidential funds, congressional investigations, and allegations exchanged between both sides.

While no impeachment case has yet resulted in a Senate trial, legal experts note that any formal complaint against the Vice President could become one of the most politically significant proceedings in recent Philippine history.

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