MANILA, Philippines — If Vice President Sara Duterte is impeached during her term, who is next in line to take her seat? According to the 1987 Constitution, the next vice president would be someone from Congress.
Some may assume that the Senate president or House speaker would automatically take over as vice president, but this is not the case.
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Article 7, Section 9 of the Constitution states that the president must nominate a replacement from among the members of the Senate or House of Representatives.
“Whenever there is a vacancy in the Office of the Vice President during the term for which he was elected, the President shall nominate a Vice President from among the Members of the Senate and the House of Representatives,” the provision read.
This means any senator or representative, regardless of rank, may be chosen as the next vice president.
Majority vote needed. The nomination, however, is not an automatic confirmation. Both chambers of Congress must approve the nominee by majority vote, which is conducted separately.
In the House, the nominee would need at least 154 votes out of 306 members. In the Senate, where only 23 seats are currently filled, around 12 votes would be required.
If Duterte’s impeachment trial is held during the congressional break, and the Senate — acting as the impeachment court — convicts her before the 20th Congress convenes, this process would take place before newly elected lawmakers assume office.
Next steps in the case
Senate President Francis “Chiz” Escudero said on Thursday, February 6, that any preparations for the impeachment trial will be taken up when Congress resumes session. This is despite impeachment rules stating that it must be handled "forthwith" or immediately.
Some argue it is upon the interpretation of the Senate to determine how immediate it should be held.
The Senate did not take up the fourth impeachment complaint — endorsed by 215 House members — during its final plenary session on Wednesday, February 5. Escudero, however, said it will review and update its impeachment rules during the break.
The complaint was sent to the Senate immediately after the House formally impeached Duterte that day, which also marked the last time both chambers convened as a legislative body before the break.
RELATED: Sara Duterte impeachment: What can the Senate do during the break?
Midterm polls. The congressional break gives way to the campaign period of the 2025 midterm elections. Election day is on May 12, just weeks before the incumbent Congress reconvenes its final session on June 2.
According to the Commission on Elections (Comelec), 317 House seats and 12 Senate seats will be contested in the midterm polls.
Members of the House, including party-list and district representatives, serve three-year terms. Senators, who serve six-year terms, make up a 24-member chamber, with half their seats up for election every cycle.
If the impeachment court's decision falls to the next Congress, the majority vote required would exceed the current threshold of 153 House members and 12 senators — assuming all seats are filled.
The allegations. The House supermajority has accused Duterte of culpable violation of the Constitution, betrayal of public trust, graft and corruption, and other high crimes which include bribery and murder.
The claims stem largely from the House good government committee’s investigation into her alleged misuse of confidential funds and her conduct during that period, including issuing death threats against the president, first lady, and House speaker.
READ: The allegations against VP Sara Duterte in impeachment proceedings
She is the first vice president in the country to be impeached, a process equivalent to an indictment. The Senate will determine her conviction or acquittal in an impeachment trial.
If convicted, Duterte will be removed from office. If acquitted, another impeachment attempt cannot be made against her for a year.