Senate dismissing Duterte impeachment without trial is violation of Constitution — former justice

Metro Manila, Philippines — The Senate dismissing the Articles of Impeachment against Vice President Sara Duterte without going into trial would be a “grave violation of the Constitution,” retired Supreme Court Associate Justice Adolf Azcuna said on Sunday, June 8.

In a statement, Azcuna said it is possible for the 20th Congress to proceed with the impeachment trial if Senate President Francis “Chiz” Escudero kickstarts the process before June 30.

“All he needs is to get the Articles read to the Senate and served on the Respondent. That will trigger the Senate’s jurisdiction over the case. The Senate in the 20th Congress can continue the process of proceeding with the trial,” the former justice said.

Azcuna said the dismissal of the Articles by the Senate after receiving it would be a clear 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.

There is also ongoing debate over whether the impeachment trial can carry over into the 20th Congress or if it will lapse with the sine die adjournment of the 19th Congress in June.

Azcuna said the impeachment will not lapse with the outgoing Congress because the trial is not a legislative power but a “Constituent Power.”

“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,” he said.

Azcuna made the remark following Senator Imee Marcos’ statement where she mentioned efforts to dismiss the impeachment case are coming not only from Duterte allies but also from those tied to the administration.

Escudero earlier postponed the highly anticipated convening of the Senate as an impeachment court to June 11 from its initial June 2 date.

Since the Constitution mandates that impeachment proceedings must “forthwith” proceed, calls mounted for the Senate to convene as an impeachment court during the congressional break.

However, Senate leadership maintained that the Articles must first be formally read in open session.

Groups have also been calling on the Senate to push through with the process, urging the lawmakers to “fulfil their constitutional mandate.” Azcuna backed this call.

“I, therefore, respectfully pray that our Senators heed the clear mandate of the Constitution and the will of our people and proceed now to perform their sacred duty to try the Articles of Impeachment,” he said.

Duterte is the first vice president to be impeached by the House of Representatives, following an overwhelming vote of over 200 lawmakers on Feb. 5, the last session day before the midterm election.

She is facing charges related to her alleged misuse of confidential funds and public threats against the President, the First Lady, and the Speaker of the House.