Impeachment and the Senator’s Authority: Why Constitutional Judgment Is Not Exclusive to Lawyers

*Dr. Rodolfo John Ortiz Teope, PhD, EdD, DM

I remember reading a news story about a solemn moment inside a military academy, where silence carried a different weight—one not of fear, but of consequence. A cadet stood before the Board of Discipline, accused of cheating during examinations. His uniform was still pressed, his posture still firm, but his eyes betrayed the gravity of what was unfolding. Around him sat officers and academy officials, not all of them lawyers, yet all entrusted with the honor, discipline, and moral foundation of the institution. They listened carefully, reviewed the evidence, and weighed not only the act itself but what it meant for the values the academy stood for. The question before them was not simply whether a rule had been broken, but whether the cadet had violated the very code of integrity that defined the profession of arms. And when the decision came—to dismiss the cadet—it was not seen as a failure of legal procedure, but as a fulfillment of duty. No one asked if the Board members had passed the bar. What mattered was their judgment, their experience, and their unwavering commitment to uphold the institution’s honor. In that moment, authority did not come from licensure, but from responsibility. And in many ways, when the Senate convenes as an impeachment court, the entire nation stands in that same chamber, where the question is no longer about a cadet, but about the integrity of those entrusted with power.

The 1987 Philippine Constitution, in its quiet wisdom, vests in the Senate the sole power to try and decide impeachment cases. It does so without demanding that those who will sit in judgment be lawyers. That silence is not an oversight. It is a constitutional statement. It reflects an understanding by the framers that there are moments in governance when the question is not merely what the law says, but what justice requires. When the Constitution speaks of the Supreme Court of the Philippines, it requires legal mastery, experience, and professional discipline. But when it entrusts impeachment to the Senate, it shifts the ground. It recognizes that accountability in a republic cannot be confined to legal technicalities alone, but must be entrusted to those who carry the mandate of the people (Bernas, 2009).

There will always be the legal purist who insists that only those who have passed the bar possess the authority to interpret the Constitution, especially when the charge involves something as serious as a culpable violation of the Constitution. That view, while rooted in respect for legal training, sees only one dimension of a much larger reality. In the setting of impeachment, constitutional interpretation is never purely legal. It does not exist in a vacuum of statutes and jurisprudence. It lives in the intersection of law and life, where rules meet consequences, where text meets context, and where decisions affect the very soul of the nation. The determination of a culpable violation is not a simple exercise of reading provisions. It requires a judgment of intent, of willfulness, of the gravity of an act and its impact on constitutional order. It requires not just knowledge, but discernment. Not just logic, but wisdom (De Leon, 2010).

To say that lawyers alone can interpret the Constitution is to ignore a deeper truth. Even within courts, interpretation is not singular. Justices disagree. They dissent. They evolve doctrines over time. If those trained in law cannot produce a single, uncontested meaning, then it follows that constitutional interpretation is not owned by any profession. It is a shared responsibility, exercised by those entrusted with authority. In impeachment, Senators are not mere observers of legal argument. They are active interpreters. They listen to the law, but they also listen to the silence between its words. They examine not only compliance, but intent. They measure not only acts, but consequences. They ask whether a violation was deliberate, whether it struck at the core of constitutional governance, whether it eroded the trust that binds the people to their leaders. These are not questions that can be answered by technical expertise alone. They require the kind of judgment that is forged in experience, in governance, in the long and often difficult work of public service (Cruz, 2014).

There is a quiet truth that often goes unspoken, that no amount of bar licensure can substitute for the lived experience of those who have spent decades confronting the realities of national accountability. Senators sit through hearings that expose the depths of corruption. They listen to testimonies that reveal the human cost of failed leadership. They navigate the tension between power and responsibility in ways that no classroom can fully teach. Consider Senate PresidentVicente Sotto III, whose service in the Senate since 1992 has allowed him to witness and participate in the unfolding narrative of governance in the Philippines. He has sat as a Senator-judge in impeachment proceedings. He has presided over hearings where legality, ethics, and public trust collide. Through decades of service, he has weighed evidence, examined conduct, and confronted the complexities of accountability. His experience reflects a depth of constitutional engagement that cannot be measured by a bar certificate alone. It is in these accumulated years, in the long arc of public duty, that judgment matures, that understanding deepens, that the Constitution becomes not just a document, but a lived commitment. His example affirms a simple but powerful truth, that no license can replace the wisdom earned through sustained service to the nation.

It is within this understanding that the doctrine of Integritocracy finds its most compelling application. As articulated in Integritocracy: Ethics Above Ideology in Political Power System (Teope, 2026), governance must be anchored not merely on ideology or technical qualifications, but on integrity as the highest organizing principle of political power. In this framework, ethics is not an accessory to governance. It is its foundation. Leadership is measured not by titles, but by the ability to act consistently in the public interest, to uphold truth even under pressure, and to exercise power with moral discipline. In the context of impeachment, this doctrine reminds us that the ultimate question is not simply whether a law has been violated, but whether integrity has been preserved or betrayed.

Seen through this lens, the impeachment court becomes more than a forum of legal adjudication. It becomes a moral arena. The Senate does not merely interpret constitutional provisions. It evaluates whether those entrusted with power have remained faithful to the ethical standards that justify their authority. The task of determining a culpable violation, or any impeachable offense, therefore transcends legalism. It demands a synthesis of law, ethics, wisdom, and lived experience. It affirms that the authority to judge belongs not to a professional class, but to those who can uphold integrity as the highest standard of governance.

And what of the presiding officer, the one tasked to guide the proceedings, to maintain order amid complexity and contention. Must that person be a lawyer to ensure clarity and direction. The Constitution does not say so, and perhaps it does not need to. The role of the presiding officer is not to decide guilt alone, but to ensure that the process remains orderly, fair, and dignified. It is a role that demands leadership more than licensure, clarity more than citation, steadiness more than specialization. A non-lawyer presiding officer, grounded in experience and guided by integrity, can lead the impeachment court with competence and purpose. Supported by institutional rules, legal counsels, and procedural frameworks, the presiding officer becomes a steward of process, ensuring that justice is not only pursued, but properly conducted.

Even beyond our shores, in the United States Senate, the same principle holds. Senators, many of whom are not lawyers, have stood in judgment of presidents and high officials, deciding questions that have shaped history. Their authority has never been questioned on the basis of profession, because it is understood that the legitimacy of impeachment flows not from specialization, but from representation. Not from the bar, but from the ballot (Gerhardt, 2018).

In contemporary discussions involving Sara Duterte, where allegations have been framed under culpable violation of the Constitution, graft and corruption, and betrayal of public trust, the question of who is qualified to decide becomes more than theoretical. It becomes a question that touches the very core of democratic governance. These grounds are not mere legal categories. They are reflections of the standards we expect from those who lead us. To evaluate them is to engage not only with law, but with the meaning of public trust itself.

And so the answer becomes clear, not as a technical conclusion, but as a deeper realization. Yes, non-lawyer Senators have the authority to decide on these matters, because the Constitution has entrusted them with that responsibility. Yes, a non-lawyer presiding officer can manage the impeachment court effectively, because leadership, clarity, and integrity are not confined to any profession. And yes, in moments like impeachment, what the nation needs is not merely the precision of legal expertise, but the depth of human judgment, the courage to decide, and the integrity to stand by that decision.

In the end, impeachment is not just about law. It is about trust. It is about whether power has been used faithfully or abused. It is about whether the Republic still believes in the principles it has written into its Constitution. And in that defining moment, what matters most is not the title before one’s name, but the truth within one’s judgment.

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References

Bernas, J. G. (2009). The 1987 Constitution of the Republic of the Philippines: A commentary. Rex Book Store.

Cruz, I. D. (2014). Philippine political law. Central Book Supply.

De Leon, H. S. (2010). Textbook on the Philippine Constitution. Rex Book Store.

Gerhardt, M. J. (2018). Impeachment: What everyone needs to know. Oxford University Press.

Teope, R. J. O. (2026). Integritocracy: Ethics above ideology in political power system. Universidad de Episcopalia. https://episcopalia-edu.online/f/integritocracy-ethics-above-ideology-in-political-power-system

1987 Philippine Constitution. (1987). Republic of the Philippines.

_________________

*About the author:

Dr. Rodolfo “John” Ortiz Teope is a distinguished Filipino academic, public intellectual, and advocate for civic education and public safety, whose work spans local academies and international security circles. With a career rooted in teaching, research, policy, and public engagement, he bridges theory and practice by making meaningful contributions to academic discourse, civic education, and public policy. Dr. Teope is widely respected for his critical scholarship in education, management, economics, doctrine development, and public safety; his grassroots involvement in government and non-government organizations; his influential media presence promoting democratic values and civic consciousness; and his ethical leadership grounded in Filipino nationalism and public service. As a true public intellectual, he exemplifies how research, advocacy, governance, and education can work together in pursuit of the nation’s moral and civic mission.

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Power in Motion: The Silent Realignment Inside the House of Representatives

*Dr. Rodolfo John Ortiz Teope, PhD, EdD, DM

I remember a quiet conversation with a local politician years ago. He was not loud, not headline-driven, yet he kept winning. I once asked him what his secret was, and he simply smiled and said, “I don’t follow trends. I follow direction.” That insight has stayed with me over the years, and today, as I observe the evolving dynamics inside the House of Representatives, I realize how profoundly accurate that statement is. What we are witnessing now is not mere political noise or routine party activity. It is movement—measured, calculated, and deliberate. This is not casual observation but an analysis grounded on patterns, behavior, and the subtle signals that often precede major political shifts.

On paper, the dominant force in the House remains Lakas–CMD. Its dominance in the 2025 elections was anchored on a strong organizational machinery and reinforced by the leadership of Speaker Martin Romualdez. The numbers were decisive, and the coalition was cohesive, allowing it to command the legislative agenda with confidence. However, as I analyze the present situation, I must emphasize that dominance in Philippine politics is never permanent. It is always subject to recalibration. What we see today as stable may, in fact, already be in transition.

The movements within the House are not loud, but they are unmistakable. There are quiet shifts taking place as members begin to reposition themselves. Some are formally transferring, while others are signaling alignment with parties such as Partido Federal ng Pilipinas, National Unity Party, and Nationalist People’s Coalition. This is not the traditional form of party-switching driven by immediate opportunity alone. What I see is something more strategic, a pre-2028 migration pattern where legislators are already positioning themselves based on anticipated future power configurations. As an analyst, I focus less on public declarations and more on behavior, and the behavior clearly indicates that lawmakers are hedging their political futures.

To understand the present, we must revisit the past. The sudden rise of PDP–Laban during the presidency of Rodrigo Duterte is a classic illustration of how proximity to power can trigger mass political realignment. From having only a handful of members in Congress, PDP–Laban rapidly expanded as politicians across the country shifted allegiance to align themselves with the new administration. This phenomenon extended beyond Congress to the grassroots, where local leaders and political actors sought membership in the ruling party, often with the expectation of access to influence and potential appointment to government positions. It was a moment when party identity became secondary to political survival.

However, the more recent experience of the Partido Federal ng Pilipinas presents a contrasting outcome that deepens our understanding of electoral behavior. Despite being chaired by President Ferdinand Marcos Jr., the party struggled in the 2025 senatorial elections. It failed to produce a winning senator, and even incumbent Francis Tolentino, who aligned himself with the party, did not perform strongly. Candidates perceived to be winnable, such as Benjamin Abalos Jr. and Manny Pacquiao, also fell short.

From an analytical standpoint, this outcome reveals a critical insight. The electability of a sitting president does not automatically transfer to the electability of his party’s candidates, whether at the national or local level. The Partido Federal ng Pilipinas case during the 2025 elections becomes a clear manifestation of this limitation. While the party enjoys institutional strength due to its association with the presidency, this strength does not necessarily translate into voter support for its candidates.

This leads to a deeper conclusion about the nature of Philippine electoral behavior. Voters do not primarily vote for parties; they vote for personalities. The strong mandate secured by President Ferdinand Marcos Jr. in the 2022 elections was largely personal in character. It was driven by individual appeal, historical narrative, and political branding, rather than by party ideology or structure. As a result, while the presidency confers institutional advantage to a party, it does not guarantee that voters will extend that support to all candidates carrying the same party label.

In contrast, the National Unity Party demonstrates a different kind of strategic discipline. By choosing not to field a senatorial slate, it avoided the risks associated with national-level exposure and instead focused on consolidating its strength in the House and in local government units. This approach reflects an understanding that stability can sometimes be more valuable than expansion.

The Nationalist People’s Coalition, however, represents a distinct and enduring model. Since its participation in the 1992 elections under Eduardo Cojuangco Jr., the NPC has consistently built its strength not through presidential victories but through sustained presence in Congress, the provinces, and local governments. It has outlasted multiple political cycles, maintaining its leadership core and retaining many of its pioneers. Unlike other parties such as Lakas–NUCD, Laban ng Demokratikong Pilipino, Partido Reforma, Partido ng Masang Pilipino, the Nacionalista Party, United Nationalist Alliance, Kampi, Aksyon Demokratiko, People's Reform Party, and the Liberal Party, which experienced fluctuations in cohesion and membership, NPC has maintained continuity and institutional integrity.

Today, NPC is not merely surviving; it is regaining momentum. It continues to expand its influence while preserving its internal structure, demonstrating that long-term relevance in Philippine politics is not solely dependent on capturing the presidency. Rather, it is built on consistent engagement at multiple levels of governance.

When these dynamics are viewed together, the current situation in the House becomes clearer. There is movement toward immediate power, reflected in the growth of the Partido Federal ng Pilipinas. There is movement toward operational stability, reflected in the steady positioning of the National Unity Party. And there is movement toward long-term strategic relevance, reflected in the increasing attraction of the Nationalist People’s Coalition. Lakas–CMD remains dominant, but it is no longer insulated from these shifts. What we are witnessing is a signal phase, and in politics, signals always precede structural change.

In conclusion, the House of Representatives is no longer in a phase of static dominance but in a period of transition. While Lakas–CMD continues to lead, and the Partido Federal ng Pilipinas rises through presidential alignment, the deeper currents of political behavior suggest that long-term influence will belong to those who can sustain relevance beyond a single electoral cycle.

Because in the Philippine political system, the true measure of power is not how strongly one wins an election, but how consistently one remains part of the system long after the election is over.

#DJOT

________________

*About the author:

Dr. Rodolfo “John” Ortiz Teope is a distinguished Filipino academic, public intellectual, and advocate for civic education and public safety, whose work spans local academies and international security circles. With a career rooted in teaching, research, policy, and public engagement, he bridges theory and practice by making meaningful contributions to academic discourse, civic education, and public policy. Dr. Teope is widely respected for his critical scholarship in education, management, economics, doctrine development, and public safety; his grassroots involvement in government and non-government organizations; his influential media presence promoting democratic values and civic consciousness; and his ethical leadership grounded in Filipino nationalism and public service. As a true public intellectual, he exemplifies how research, advocacy, governance, and education can work together in pursuit of the nation’s moral and civic mission.

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Balancing Transparency and Privacy in the VP Sara Duterte Impeachment Proceedings: Due Process and the Limits of Public Disclosure

*Dr. Rodolfo John Ortiz Teope, PhD, EdD, DM

I remember sitting quietly, my iPhone 13 Pro Max in hand, watching the impeachment hearing of Sara Duterte unfold on YouTube before the House of Representatives of the Philippines Committee on Justice. There was something different about watching it this way. No filters, no curated narratives, just the raw proceedings flowing in real time, accessible to anyone willing to observe. It felt as if the walls of governance had dissolved and the public had been invited inside. I watched not as a VP Sara supporter, not as a critic, and certainly not as someone aligned with or against President Ferdinand Marcos Jr.. I watched as a Filipino, for the nation, allowing what I saw to speak for itself.

In the first hearing that I watched days ago, there was a sense of order, a kind of discipline that one would expect from an institution entrusted with such a grave constitutional duty. The Committee on Justice conducted itself in a manner that was measured, almost academic. It was clear that the members were focused on what was written, what was formally alleged, and what was placed on paper. They were not yet searching for proof in the strict legal sense, nor were they weighing evidence as a court would. They were confirming, validating, and ensuring that the complaint met the threshold required to move forward. In that moment, the process felt fair, objective, and contained within its proper bounds.

But then in the 2nd hearing, as the proceedings moved forward, something shifted.

When the Anti-Money Laundering Council began to present financial data on April 22, 2026, the tone of the hearing changed. What was once confined to structured validation began to open into something far more expansive. Billions of pesos in covered and suspicious transactions were discussed. Transaction patterns were displayed. Comparisons were made against declared assets. And all of this was not done in a closed setting, not in a controlled environment, but in a public hearing broadcast to the entire nation. It was not merely information being shared. It was financial intelligence being exposed, accompanied by language that suggested irregularity.

I am not a lawyer, and I am just a simple citizen wishfully thinking for a better Philippines, but there are moments when the law speaks through common sense with the aid of deep critical thinking. And common sense tells us that not everything that can be shown should be shown without restraint. Under Republic Act No. 1405, bank deposits are confidential. That is not an accidental rule. It is a deliberate protection, a recognition that financial information is deeply personal and must be safeguarded. Yes, the law allows exceptions, including in cases of impeachment. But an exception does not erase the rule. It only permits disclosure under proper legal conditions.

That is where the deeper issue begins to unfold. The authority of the AMLC, under Republic Act No. 9160, is investigative. It allows the analysis of transactions, the detection of suspicious activity, and the gathering of financial intelligence. But even this authority is bounded. It does not dissolve bank secrecy. It does not grant unrestricted freedom to disclose information publicly. It operates within a framework that demands discipline and restraint.

The Supreme Court, in Republic v. Eugenio Jr., emphasized that bank inquiry by the AMLC generally requires prior judicial authorization, except in narrowly defined situations. This is not a trivial safeguard. It is the mechanism that ensures that before private financial data is accessed, a court has determined the existence of probable cause. It is the point where power is checked by neutrality. And without a clear showing that such authorization was secured and served as the basis for the inquiry, the legitimacy of the intrusion itself begins to be questioned.

Even more critical is the distinction between access and disclosure. The AMLC may access information for investigation, but access does not automatically translate into authority to publicly disclose. Disclosure is a separate act, one that must still be justified within the bounds of law. And when that disclosure is done openly, broadcast to the public, and accompanied by descriptions that imply irregularity, it begins to move beyond investigation and into the realm of narrative formation.

The argument that impeachment allows for such disclosure must be carefully examined. The Constitution clearly assigns roles. The House of Representatives of the Philippines initiates impeachment. The Senate tries and decides the case. The House conducts investigations. It is not a court. A “case” in the strict legal sense arises when the Senate begins trial, where evidence is formally received, examined, and weighed. It is within that structured environment that disclosure finds its proper place, guided by rules, safeguarded by procedure, and balanced by the opportunity for defense.

What we saw in the House hearing did not carry those safeguards. There was no trial, no adjudication, no judicial supervision over how the information was presented. And yet, conclusions were implied. Transactions were labeled. Perceptions were shaped. In that moment, the process began to blur the line between investigation and judgment.

This is where the violation of privacy becomes evident. Financial information, protected not only by statute but also by constitutional principle, was placed into the public domain without the visible safeguards required by law. The exposure was immediate, irreversible, and far-reaching. And with it came the violation of due process. Because due process is not only about the final judgment. It is about the fairness of the journey toward that judgment. It demands that conclusions be made only after proper evaluation, not before.

When transactions are publicly described as “questionable” without prior judicial determination, the conclusion is effectively made visible before its correctness has been established. The statements of the AMLC Executive Director, no matter how well-intentioned, remain investigative assessments. They are not findings of a court. And yet, when presented in a public forum, they carry the weight of implied judgment.

The constitutional implications of this cannot be ignored. In Francisco v. House of Representatives and Gutierrez v. House of Representatives Committee on Justice, the Supreme Court made it clear that impeachment, while political, is not beyond constitutional limits. When actions become arbitrary, when safeguards are not observed, and when rights are affected without proper basis, the Court may intervene under the doctrine of grave abuse of discretion.

And this brings us to a point that goes beyond law and enters the realm of consequence. When processes appear to overreach, when disclosure outruns safeguards, the narrative begins to change. The focus shifts. Sympathy moves. The person under scrutiny begins to be seen not as one who must answer allegations, but as one who may have been subjected to undue exposure. In this case, Sara Duterte risks being viewed by the public not through the lens of accountability but through the lens of victimhood.

That is a dangerous outcome for any accountability process. Because when sympathy overtakes scrutiny, the very purpose of the proceeding is weakened. If there are indeed strong and credible pieces of evidence, if there is a legitimate basis to move forward with impeachment, then the process must be allowed to unfold within its proper constitutional design. The House must exercise restraint, remain within its role, and if the threshold is met, allow the matter to proceed to the Senate.

There, within the structure of an impeachment court, evidence can be tested, examined, and weighed with the discipline that due process demands. There, conclusions can be formed not from perception but from proof. There, justice can be pursued not only with strength but also with fairness.

Because in the end, accountability is not only about exposing what may be wrong. It is about ensuring that the way we expose it remains right. And when that balance is lost, even the strongest case can falter, not because the truth is absent, but because the process failed to protect it.

#DJOT

________________

*About the author:

Dr. Rodolfo “John” Ortiz Teope is a distinguished Filipino academic, public intellectual, and advocate for civic education and public safety, whose work spans local academies and international security circles. With a career rooted in teaching, research, policy, and public engagement, he bridges theory and practice by making meaningful contributions to academic discourse, civic education, and public policy. Dr. Teope is widely respected for his critical scholarship in education, management, economics, doctrine development, and public safety; his grassroots involvement in government and non-government organizations; his influential media presence promoting democratic values and civic consciousness; and his ethical leadership grounded in Filipino nationalism and public service. As a true public intellectual, he exemplifies how research, advocacy, governance, and education can work together in pursuit of the nation’s moral and civic mission.

VIEWS: 1.70M