Faculty members of the University of the Philippines College of Law called on the Senate to “forthwith proceed” with the impeachment trial of Vice President Sara Duterte, expressing “grave concern” over attempts to declare the case as de facto dismissed.
“A premature dismissal will undermine the core democratic principle of checks and balances. In contrast, proceeding with the impeachment trial will uphold the Senate’s constitutional mandate on public trust and accountability,” read the open letter which had at least 116 signatories as of Thursday afternoon.
“A dismissal at this point would be deemed by the Filipino people as effectively engineered by the Senate’s own delay and an abdication of its constitutional role in impeachment.”
One of the framers of the 1987 Constitution, Christian Monsod, warned the Senate that dismissing the impeachment case against Duterte without a trial would violate the Charter.
“That’s because under the Constitution, it is the duty of the Senate to hear the case. So, that’s not hearing the case when you entertain a motion to dismiss,” Monsod said in a television interview yesterday.
“The majority of the Senate can stop the impeachment proceedings – that is not allowed because they have a duty to conduct the hearing under the Constitution. They are violating the Constitution,” he said.
Monsod also took issue to the statement of Senator Francis Tolentino that the articles of impeachment filed under the 19th Congress, which will end on June 30, cannot cross to the 20th Congress.
“That is not an issue. The Senate is a continuing body. What technicality are they talking about?” he said.
Senator Risa Hontiveros cited Chavez v. Judicial and Bar Council and Pimentel v. Joint Committee of Congress to argue that the impeachment is a non-legislative function, therefore unaffected by the change in Congress.
“This is a very important mandate of the Constitution, clear and without ambiguity, that once we receive the Articles of Impeachment, ‘trial by the Senate shall forthwith proceed,’” she said. “The people will judge us if we fail to carry out this duty to the nation.”
Monsod warned they are ready to seek redress before the Supreme Court should senators commit abuse of discretion.
“If there is really, on the part of the senators, abuse of discretion, then we’ll go to the Supreme Court,”
Members of the “First Impeachment Group,” otherwise called the “Peach Movement,” appealed to senators to push through with the impeachment trial.
Peach Movement convenor Fr. Flavie Villanueva lamented how Senate President Francis Escudero appeared to be skirting the issue by citing other legislative priorities as an excuse.
“What could be more important than holding the second-highest official of the land accountable for corruption and other misdeeds that she already admitted? He (Escudero) is simply refusing to face the issue,” he told Manila Standard.
According to Escudero, if the summons is issued to the Vice President as planned on June 11, she would have 10 days to respond or up to June 21.
“By then, our session would already be over (by June 13). Also, the authority of the prosecutors ends on June 30, and they can no longer function as prosecutors beyond that date because their term will have ended,” Escudero said.
Senator Imee Marcos on Thursday floated the possibility that even the administration may not be keen on pushing through with the impeachment trial.
“The administration, in my opinion, is interested in rendering it void, as they’re also worried about losing. That’s my suspicion…It would be more embarrassing if a trial takes place and ends in a loss, which is probably why some are trying to avoid it,” she said.
Senator JV Ejercito, however, said their to carry out the trial is mandatory and not subject to personal opinion or political alignment.
“Whether I am for it or not is irrelevant. The Senate is duty-bound to convene the impeachment court. That is our responsibility,” he said.
Meanwhile, House Assistant Majority Leader Jay Khonghun on Thursday defended the leadership of Speaker Martin G. Romualdez following Escudero’s remarks insinuating that House members merely follow the Speaker’s orders without exercising independent judgment.
“There are no lackeys in the House. We work together because we trust each other, and we believe in the Speaker’s leadership. He doesn’t force us; he lets us make decisions based on our own principles and views,” Khonghun said.
Editor’s Note: This is an updated article. Originally posted with the headline: “UP Law faculty urge Senate to ‘forthwith proceed’ with VP Sara impeachment trial”
