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| - SUMMARY
This is AI generated summarization, which may have errors. For context, always refer to the full article.
Claim: Vice President Sara Duterte’s impeachment from the House of Representatives is unconstitutional.
Rating: FALSE
Why we fact-checked this: A Facebook page named “Anthonie Silva – Rants and Raves” posted a claim on February 5, the day Vice President Sara Duterte was impeached by the House of Representatives, claiming that her impeachment was unconstitutional and legally void from the very start.
The post argued that approving the fourth impeachment complaint against Duterte on the same day it was filed was a “blatant disregard for the law.” It claimed there was “no proper referral of the complaint,” “no committee hearings or report,” and that the “House Plenary rushed the decision without proper review of discussion.” It also cited the one-year bar rule, asserting that the fourth complaint was null and void.
As of writing, the post has garnered 1,600 reactions, 3,100 shares, and 249 comments. Several pro-Duterte Facebook accounts have reposted and shared the same claim in various pro-Duterte Facebook groups.
A TikTok user named “mammu,” who previously posted a false claim about Sara’s father, former president Rodrigo Duterte, also posted the same claim. As of writing, the TikTok video has garnered 69,500 views, 3,806 likes, and 327 comments.
The facts: A Rappler report explained this “shortcut” as a legal procedure. Article XI, Section 3, Subparagraph 4 of the 1987 Philippine Constitution states: “In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.”
It can be recalled that a total of 240 out of 306 lawmakers voted for Duterte’s impeachment, surpassing the required number of one-third votes, or 102. Hence, the approval of the fourth complaint and Duterte’s impeachment occurred on the same day. After the initial 215 signatories, an additional 25 lawmakers signed the impeachment complaint, according to House Secretary General Reginald Velasco.
In Duterte’s case, the fourth complaint was said to be based on the arguments presented in the previous complaints. Additionally, no proceedings have been initiated for the first three complaints that is why the fourth complaint is not covered by the one-year-ban rule.
Duterte’s grounds for impeachment include alleged betrayal of public trust, culpable violation of the Constitution, bribery, graft and corruption, and other high crimes.
Despite this, Duterte said during a press conference on February 7 that she was “okay”. She added that as early as November 2023, when House Deputy Minority Leader France Castro of ACT Teachers party-list announced impeachment plans, her lawyers had already begun preparations. – Lyndee Buenagua/Rappler.com
Lyndee Buenagua is a third year college student and an alumna of Aries Rufo Journalism Fellowship of Rappler for 2024.
Keep us aware of suspicious Facebook pages, groups, accounts, websites, articles, or photos in your network by contacting us at factcheck@rappler.com. Let us battle disinformation one Fact Check at a time.
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