Sui Generis: Impeachment as more a political judgement exercise

Impeachment in the Philippines is unlike any ordinary court proceeding. It is a sui generis legal process defined by the 1987 Constitution, designed to hold high-ranking officials such as the President, Vice President, and Supreme Court Justices accountable for serious offenses—including betrayal of public trust, corruption, and violations of the Constitution. Although there are elements resembling a criminal trial—like charging, presenting evidence, and hearing testimonies—the impeachment process also bears a deeply political dimension, making it fundamentally distinct from conventional legal actions.

The impeachment of Vice President Sara Duterte underscores this dual nature. In regular judicial proceedings, strict adherence to rules of evidence is paramount, and outcomes hinge primarily on legal merits. Impeachment, however, occupies an arena where political alliances, public perception, and power dynamics can heavily influence the final verdict. A majority in the House of Representatives must first endorse the impeachment complaint, and only then can the Senate conduct the actual trial. The entire process is steeped in negotiations and maneuvering, as legislators weigh both the legal foundations of the complaint and the potential electoral consequences of their decisions.

In the Philippines, such political maneuvering is often rooted in transactional politics. Politicians frequently forge alliances based on pragmatic considerations — such as securing committee chairmanships, budget allocations for local projects, and strategic endorsements — rather than purely ideological alignment. When an impeachment complaint enters the scene, these transactional relationships are put to the test. Lawmakers and party leaders may attempt to trade favors, promise future support, or withdraw alliances to advance or block the proceedings. As a result, backroom negotiations and shifting loyalties frequently shape the course of impeachment, sometimes overshadowing the substantive legal questions at hand.

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This scenario becomes even more complex as the nation looks ahead to the 2025 midterm elections. Traditionally, midterms are seen as a referendum on the sitting administration’s performance. An impeachment trial against Vice President Duterte would undoubtedly become a central campaign issue, with contenders from various parties pressed to take a clear stance on the matter. The transactional nature of Philippine politics means that candidates might be torn; some will try to distance themselves from the controversy to avoid alienating moderate or opposition voters; others may publicly defend the Vice President to court support from her loyal base.

However, voters are increasingly vocal about accountability and transparency, which places candidates in a bind. A politician’s silence or ambiguity could be read as an attempt to sidestep scrutiny, while openly supporting or opposing the impeachment could either boost or damage their electoral prospects, depending on the prevailing public sentiment. Those who fail to clarify their position risk being labeled opportunistic or complicit, potentially eroding trust among constituents. Moreover, the media spotlight on the impeachment trial will amplify every statement made by candidates, intensifying the pressure to pick a side and articulate a principled position.

Ultimately, impeachment is sui generis because it is not merely about determining guilt or innocence — it is a political judgment call wrapped in legal procedure. For the 2025 midterm elections, the transactional nature of Philippine politics will shape how lawmakers and would-be senators position themselves. Whether or not Vice President Sara Duterte is impeached, the proceedings — and the alliances forged or broken along the way — will leave a lasting imprint on Philippine governance, possibly reshaping political alliances and voter loyalties for years to come.

One Reply to “Sui Generis: Impeachment as more a political judgement exercise”

  1. My understanding is impeachment purely a political decision ..one can be convicted on the whim of Members of Congress who need not be lawyers in the first place and completely ignore rules of evedence!..am I correct?

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