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More and more lawyers, academics, and institutions are putting pressure on the Senate to proceed with the impeachment trial of Vice President Sara Duterte.
This comes after news broke out about the draft Senate resolution that seeks to kill the impeachment complaint against the second highest official of the land. In the resolution, it was argued that the trial must not continue because of the alleged violation of Dutertes right to speedy trial and the non-continuing character of the Senate.
Incoming ML representative and impeachment prosecutor Leila de Lima, as well as individual members of the University of the Philippines (UP) College of Law faculty, have refuted these grounds.
According to De Lima, the Senate has to convene as an impeachment court before it can decide matters related to the impeachment complaint against Duterte.
The complaint stemmed from allegations of confidential and intelligence funds misuse by agencies headed by Duterte and the Vice President’s alleged plot to assassinate Marcos, First Lady Liza Araneta Marcos, and Speaker Martin Romualdez, among others.
Here’s a compilation of statements and explanations from various entities urging the upper chamber to do its constitutional duty to continue the trial:
Ateneo Human Rights Center
In its statement, the Ateneo Human Rights Center reminded the Senate that it had been entrusted by the 1987 Constitution with the duty to act as an impeachment court in impeachment proceedings. However, the center said the upper chamber had not taken a single step to comply with its mandate to proceed “forthwith” or without delay since the complaint was transmitted to its chambers on February 5.
The center also refuted the claim that the impeachment will be dismissed on the last day of the 19th Congress, arguing that the Supreme Court has long ruled that the upper chamber is a continuing body “that is ‘not dissolved as an entity with each national election or change in the composition of its members.'”
“It must be stated plainly: by deliberately delaying the impeachment proceedings, the Senate is failing in its constitutional duty. This is not merely a matter of scheduling. It is a matter of accountability, of constitutional integrity, and of the Senate’s credibility as an institution,” the center added.
Ateneo School of Government
The Ateneo School of Government (ASOG), in a statement published on Saturday, June 7, said it stands for “ethical leadership in public service.” According to ASOG, the dismissal of the case without a trial is “a dereliction of duty and a clear attempt to whitewash” allegations raised against a public official.
“The impeachment process is a sacred duty enshrined in our Constitution. It is the primary mechanism to ensure that our elected officials would remain faithful to their sworn duty to serve the public with dedication, commitment, and, most importantly, integrity,” it said.
“We remind our Senators that they are public servants and their mandate is based on the people’s trust. We pray that they would remain true to what the Senate institution stands for: upholding the Constitution, promoting democratic values, and serving the national interest,” the ASOG added.
De La Salle University (Lasallian family in the Philippines)
The Lasallian Family in the Philippines said any attempt to suppress the impeachment process undermines the pursuit of the truth and the principle that no one is above the law.
“We remind our Senators — both of the 19th and the incoming 20th Congress — of their constitutional duty to act as impartial stewards of justice, especially in matters involving the accountability of public officials,” the Lasallian Family said.
“They are not mere spectators to political expedience; they are guardians of the Republic’s integrity. The least they can do is to assure the Filipino people that the rule of law prevails, even when political pressures mount,” it added.
Members of UP College of Law faculty
According to individual members of the UP College of Law faculty, the premature dismissal of the complaint will undermine the democratic principle of checks and balances. In contrast, if the impeachment continued, this would uphold the upper chamber’s mandate of trust and accountability, according to the professors.
The professors also refuted the claims presented in the draft Senate resolution. On the alleged violation of Duterte’s right to speedy trial due to the stalling of the proceedings, the lawyers-educators said no right had been violated.
The UP law professors said that the Constitution ensures the right “before all judicial, quasi-judicial, or administrative bodies.” However, they explained that an impeachment trial is a “sui generis (of its own kind)” procedure and is not a case before a judicial, quasi-judicial, or administrative body.
They also rebuked the arguments on the Senate being a non-continuing body: “Even in Anglo-American practice, impeachment is ‘not discontinued by the dissolution of Parliament, but may be resumed by the new Parliament.'”
Philippine Political Science Association
The board of trustees of the Philippine Political Science Association, whose members come from various educational institutions, also urged the Senate to proceed with the impeachment trial. They explained that although the proceeding is political, impeachment is the “first and foremost” constitutional mechanism to ensure accountability from the country’s leaders.
“The Senate’s failure to act decisively constitutes a grave disservice to the Filipino people, who expect their leaders to uphold the public interest rather than serve a narrow political agenda. An independent Senate must rise above political pressures and demonstrate its loyalty to democratic principles and the Filipino people,” the board said.
“What we have witnessed thus far, however, is the opposite: an institution that appears paralyzed and compromised,” it added.
San Beda University Graduate School of Law
In a statement, the San Beda University Graduate School of Law said there is “no sound constitutional and legal basis” to delay the impeachment trial. They said the delay sends a signal that the processes in place “are thwarted for ulterior ends.”
Duterte and her father, former president Rodrigo Duterte, both studied at San Beda University. The older Duterte finished his law degree from San Beda University in 1972, while the Vice President studied law at the same university but graduated from San Sebastian College-Recoletos.
“Accountability is crucial to the workings of a government that should be able to earn the respect and trust of citizens. The trial is a measure of accountability. The problem with government, and the resulting lack of public trust in it, has to do with deficits in measures of accountability,” the professors said.
Union of People’s Lawyers-Mindanao
The Union of People’s Lawyers-Mindanao said impeachment is not a mere political theater but rather a mechanism to ensure accountability. The UPLM said it is also a venue for impeached officials to afford due process and defend themselves against allegations.
“The Constitution does not speak in legal gobbledygook. It commands the Senate to act forthwith. The delay is unjustifiable. The maneuverings are unconstitutional. The inaction is unacceptable,” the lawyers group said.
“We demand no less than fidelity to the Constitution. We call on the Senate: convene the impeachment court and proceed with the trial. Without delay. Without excuses. Let us move forward, forthwith,” it added.
– Rappler.com
