Senate Majority Leader Francis Tolentino reiterated that the impeachment case against Vice President Sara Duterte can no longer proceed to the 20th Congress due to constitutional limitations even if it will be raised to the Supreme Court.

In a radio interview on Tuesday, Tolentino said that the Supreme Court can say two things on whether the impeachment case can cross the 20th Congress.

"If it reaches the Supreme Court, they can only say two things. They can say that it (impeachment case) is functional dismissal (or) they can say that it can cross, but what will be the basis for saying that it can cross?", Tolentino said.

Tolentino reiterated that once the 19th Congress finished only 12 senators will be left and will not be enough in the needed numbers to form a quorum needed to impeach a government official.

To recall, Tolentino said in manifestation at the resumption of the Senate’s plenary session on Monday that the impeachment case against Duterte will be considered as "functionally dismissed" if the trial will not conclude on June 30.

"If we cannot conclude the trial by June 30 we must recognize this impeachment case if functionally dismissed by constitutional operation and no action can be taken by the 20th Congress on the matter for the lack of constitutional authority", Tolentino said.

Meanwhile, in a separate radio interview, House Deputy Majority Leader and a member of House Prosecution Team Lorenz Defensor said that they always expect that the impeachment trial against Duterte "is not a legislative process but a political process" and that it should continue despite the adjournment of the legislative Senate.

"Just because the Senate adjourned and their legislative power ended does not mean that an impeachment trial should also stop. Under our constitution, the impeachment trial shall proceed forthwith and there is no condition in our constitution that it should also adjourn along with the adjournment of the Senate", Defensor said.

Defensor said that in respect to the Senate, they will wait first on its final action before they will decide on what to do in response to it.

"We have always been proactive in pursuing public accountability and integrity, but until their action is finalized, we cannot say that they immediately say that they committed the right for adjudication, an action that can be brought to the Supreme Court for grave accusations of discretion in a wrongful interpretation of the constitution", Defensor added. Marie Manalili/DMS