By Louis ‘Barok‘ C. Biraogo — June 20, 2025
A CONSTITUTIONAL TRAINWRECK IN SLOW MOTION
The Philippine Senate had one job: try Sara Duterte.
Instead, on June 10, 2025, 18 senator-jurors staged a constitutional coup by remanding the impeachment articles back to the House—a move so legally dubious, it reeks of political arson[1]. The Constitution’s command is clear: once one-third of the House signs off, trial must proceed “forthwith”[2]. Yet here we are, four months later, drowning in procedural farce while the Senate whistles past its duty.
Enter Juan Ponce Enrile, 101 years old and still the sharpest legal knife in the drawer. The Martial Law architect-turned-democracy whisperer is right about the Senate’s dereliction—but trust his legal brain, not his motives. This is the man who survived EDSA, the PDAF scam, and multiple regime changes by knowing exactly when to flip. Now, as Marcos’ chief legal counsel, he’s suddenly preaching constitutional fidelity[3]?
Let’s dissect this mess—before impeachment becomes just another corpse in Congress’ graveyard of accountability.
I. THE “FORTHWITH” FARCE: HOW THE SENATE BROKE IMPEACHMENT
A. The Constitution’s Crystal-Clear Command
Article XI, Section 3(4) doesn’t mince words:
“Trial by the Senate shall Humanforthwith proceed.”
The House did its job: 215 signatures (70% of members) on February 5—more than double the 102 needed[4]. The Senate’s duty was to gavel in, not dither. Yet:
- Election break excuse: The Senate adjourned without reading the articles, violating “forthwith”[5].
- Remand gambit: On June 10, Alan Peter Cayetano’s motion sent the case back, demanding the 20th Congress certify it—a requirement nowhere in the Constitution[6].
Enrile’s verdict? “They tarried, they dilly-dallied… Worse, they commanded the House.”[7]
B. Precedent Says: NO DELAYS, NO REMANDS
History backs Enrile:
- Corona (2012): As Senate President, Enrile rushed the trial—no remand, no certification demands[8].
- Estrada (2000): Trial began immediately after House transmission[9].
Now? The Senate’s “constitutional infirmities” excuse is a fiction—a delay tactic so transparent, it’s almost insulting.
C. The Nuclear Precedent This Sets
If the Senate can remand impeachments on whim:
- Future impeachments die by delay. Presidents/VPs could stall indefinitely.
- House independence erodes. The Senate just commanded a co-equal branch—a breach of comity[10].
As Enrile warns: “This is a very dangerous situation.”[7]
II. ENRILE: RIGHT ON LAW, SUSPECT ON MOTIVES
A. The Legal Genius
Enrile’s arguments are bulletproof:
- “Forthwith” means now. Not “after we stall.”
- The House’s work is presumed valid. The Senate isn’t a quality-control checkpoint[11].
- Impeachment is sui generis. It’s political—not a courtroom where technicalities kill cases[12].
B. The Hypocrisy
But let’s not canonize him:
- Martial Law enabler: This is the man who helped Marcos Sr. dismantle democracy[13].
- PDAF scam accused: His “constitutional purity” rings hollow post-pork barrel[14].
- Marcos’ consigliere: As Bongbong’s lawyer, is he really neutral—or ensuring Duterte’s downfall helps his boss?[15]
Trust his brain, not his heart.
III. THE REAL STORY: POWER PLAYS & DIRTY SECRETS
A. Follow the Money: The Confidential Funds Scandal
The impeachment’s real fuel? Duterte’s ₱612M confidential fund mess:
- Fake recipients: 60% of DepEd fund recipients don’t exist per PSA data[16].
- OVP’s shady audits: No paper trail for millions—a gift to prosecutors[17].
The Senate doesn’t want a trial airing this.
B. The Assassination Bomb
Article I alleges Duterte threatened to kill Marcos, Liza Araneta, and Speaker Romualdez[18]. A trial would force public testimony—political dynamite before 2028.
No wonder the Senate punted.
IV. THE ENDGAME: IMPEACHMENT OR IMPLOSION?
Option 1: Senate Grows a Spine (LOL)
- Proceed now. Try Duterte properly—no more delays.
- Drop the remand farce. The House won’t re-certify; this is deadlock by design.
Option 2: Supreme Court Steps In (Spoiler: They Won’t)
Enrile suggests the SC could clarify—but the Court hates political grenades. Remember:
- Corona’s revenge: The SC won’t risk another impeachment war[19].
Option 3: Constitutional Chaos
If impeachment dies:
- Marcos consolidates. Duterte weakened, 2028 cleared.
- No check left. Future VPs/Presidents become untouchable.
FINAL VERDICT: DEMOCRACY LOSES
Enrile’s right: the Senate must proceed—or admit impeachment is dead. But let’s not pretend this is just legal. It’s raw power—Marcos vs. Duterte, with Congress as collateral.
The chilling question? If Congress won’t enforce the Constitution… who will?
Epilogue: For those keeping score—yes, the Martial Law architect is now the Constitution’s last defender. Ironic? Absolutely. But in Philippine politics, hypocrisy is just texture.
FOOTNOTES
- Enrile: It seems Sara Duterte doesn’t want to face impeachment trial (Inquirer) ↑
- Impeachment of Sara Duterte (Wikipedia) ↑
- How to fix impeachment impasse? Proceed with trial or go to SC – Enrile (Inquirer) ↑
- How to fix impeachment impasse? Proceed with trial or go to SC – Enrile (Inquirer) ↑
- Philippine Senate returns VP impeachment case to lower house (Reuters) ↑
- Philippine Trial of VP Sara Duterte Thrown Into Doubt by Senate (Bloomberg ) ↑
- Enrile interview on ANC (YouTube) ↑
- Impeachment of Renato Corona (Wikipedia) ↑
- Trial of Joseph Estrada (Wikipedia) ↑
- 1987 Philippine Constitution (LawPhil) ↑
- House stands firm on impeachment articles (YouTube) ↑
- Impeachment Primer and Frequently Asked Questions (UP Law) ↑
- Martial law under Ferdinand Marcos (Wikipedia) ↑
- Enrile and the PDAF Scam (PCIJ) ↑
- Enrile serving 2nd Marcos as chief legal counsel (Inquirer) ↑
- PSA Report on DepEd Funds (Philippine Statistics Authority) ↑
- COA Report on OVP Confidential Funds (Commission on Audit) ↑
- Full Text: Articles of Impeachment against Vice President Sara Duterte (PhilStar) ↑
- SC Decisions on Political Questions (Supreme Court) ↑









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