Retired Supreme Court Justice Antonio Carpio, convenor of political coalition 1Sambayan, warned a few days before the House of Representatives’ decision to impeach Vice President Sara Duterte that the effort would likely reset to zero due to procedural and political constraints.

In an interview with journalist Christian Esguerra on the Facts First YouTube channel on Monday, Carpio emphasized that filing the complaint prematurely would render it moot. “Sabi namin, premature iyung ipa-file mo,” he said, noting that the Senate’s timeline to act on the complaint would expire before the upcoming elections.

Under the impeachment process, the House Secretary General must submit an endorsed complaint within 10 session days of receipt. Once referred to the Committee on Justice, a one-year ban on filing another impeachment complaint takes effect.

However, Carpio pointed out that even if the House secured the required one-third vote to send the complaint to the Senate, the upper chamber lacks time to proceed. “Let’s say one-third would sign and umabot sa Senate, wala ng time ang Senate kasi mag-e-eleksyon na. Campaign period will start February 11,” he explained.

Despite Carpio’s warning, the House of Representatives voted on Wednesday to fast-track the submission of the impeachment articles to the Senate.

Carpio also addressed the political implications, stating that the impeachment effort could backfire. “If you look carefully, lalamang si Sara eh… It will be to her advantage actually. And you cannot get two-thirds… from the incumbent Senate. Hindi makaka-16 (votes), so wala rin,” he said.

“And if the case is dismissed because you can’t get the 16 (votes), sasabihin niya, ‘I’ve been exonerated.’ Magagamit niya. You have to think also of the result. That’s why I said tibayan na muna natin,” Carpio suggested, advising against premature filing.

In a related development, Senate President Francis “Chiz” Escudero confirmed on Thursday that no impeachment trial can legally proceed while Congress is on break.

“The impeachment complaint was not referred to the plenary for there to be a basis for the impeachment court to be convened by the Senate sitting as a legislative body. Hindi muna as an impeachment court,” Escudero said during a Kapihan sa Senado forum.

The Senate is set to resume sessions on June 2.

Meanwhile, former Chief Presidential Legal Counsel Salvador Panelo criticized lawmakers for pursuing what he called a “divisive and non-productive” endeavor.

“These lawmakers obviously have not heeded the overwhelming voice of the people opposing the impeachment of the Vice President, nor have they respected the wish of PBBM to forego such a divisive and non-productive political endeavor that does not benefit a single Filipino,” he lamented.

Nonetheless, he added that the Vice President’s legal team is ready for an impeachment trial. “She will face the impeachment—smilingly, courageously, and competently,” Panelo said.