Former Supreme Court Associate Justice and 1986 Philippine Constitutional Commission member Adolfo Azcuna cautioned against prolonged inaction on the Articles of Impeachment versus Vice President Sara Duterte, noting that senators who are working to dismiss the case are breaking a fundamental law.
In a series of Facebook posts on Saturday, Azcuna said senators in both the 19th and 20th Congresses are duty-bound to proceed with the impeachment trial as enshrined in the 1987 Constitution. Any action to the contrary may be challenged before the Supreme Court.
“A dismissal of the Articles by the Senate of the 19th Congress after receiving it and without proceeding to trial would be a grave violation of the Constitution. It can be reversed by the Supreme Court or by the Senate of the 20th Congress on a proper motion for reconsideration,” he said.
While Senate President Francis ‘Chiz’ Escudero only needs to ensure that the Articles of Impeachment are read to the Senate and served on Duterte before the 19th Congress adjourns on June 30, Azcuna said what happens next is equally important.
The former justice explained that a motion for reconsideration can only be filed by a senator who voted with the majority in favor of dismissal and will remain in the 20th Congress. This ensures the trial can cross over to the next Congress.
Azcuna pointed out that impeachment trials are not governed by the legislative power that lapses with the end of a Congress. Rather, they are a constituent power—lodged specifically in the Senate under Article XI of the Constitution, which he drafted.
“It does not fall under the rule that unfinished business lapses with the outgoing Congress because the Constitution says the opposite—that the trial must ‘proceed’ meaning it must continue until it is finished. It cannot proceed if it is made to lapse,” he said.
The legal expert also corrected Escudero’s different interpretation of the word “forthwith,” which enabled the latter to delay the procedure. “It is precisely meant to mean immediately and without unreasonable delay or in the National language official version ‘agad-agad,’” Azcuna said.
Azcuna urged the senators to honor their constitutional duty and move forward with the trial, assuring that this would also give Duterte the chance to present her defense. “It will settle our people in the hope that democratic governance is not impossible among us,” he said.
