Senate inaction on Sara Duterte trial ‘spits on Constitution’ – Mindanao lawyers

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'Convene the impeachment court and proceed with the trial. Without delay. Without excuses. Let us move forward, forthwith,' the Union of Peoples' Lawyers in Mindanao calls on Senate

MANILA, Philippines – A group of lawyers from Mindanao who helped file one of the impeachment complaints against Vice President Sara Duterte has condemned moves to do away with the trial, warning that any attempt to derail the process “not only spits on the Constitution but betrays the public trust.”

The Union of Peoples’ Lawyers in Mindanao (UPLM), which backed the third impeachment complaint filed in December 2024 together with the Clergy for Good Governance, and Konsensya Davao, issued a strongly worded statement, urging the Senate to fulfill its constitutional duty.

“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,” the group said. It was signed by UPLM chairman, lawyer Antonio Azarcon.

The 2024 impeachment complaint, filed by UPLM along with at least seven Catholic priests and other individuals, accused Duterte of betrayal of public trust and culpable violation of the Constitution over her alleged misuse of confidential funds.

House Assistant Minority Leader Gabriel Bordado of Camarines Sur’s 3rd District and Deputy Minority Leader Lex Colada of the AAMBIS-OWA party-list endorsed the complaint, which has since triggered a constitutional obligation for the Senate to convene as an impeachment court.

But months since the Senate received the Articles of Impeachment on February 5, the trial has yet to begin. Lawyer and UPLM spokesperson Arvin Dexter Lopoz said the lawyers’ group was reacting to a draft resolution being circulated that would effectively declare the case functionally dismissed.

According to Azarcon and Lopoz, such would trample on the Constitution and subvert the public’s right to demand accountability.

In the statement released on Friday, June 6, the UPLM asserted that the delay violated a constitutional mandate.

“The Constitution — the highest law of the land — is unequivocal. It imposes on the Senate a solemn, non-discretionary duty,” the UPLM said, citing Article XI, Section 3(4) of the 1987 Constitution, which requires the Senate to proceed with trial once a verified complaint is filed by at least one-third of the House of Representatives.

The UPLM pointed out that the Senate was constitutionally required to convene as an impeachment court upon receiving the articles of impeachment on February 5. Yet, the group said, senators failed to do so, citing the midterm elections as a reason for the delay. 

“Even when session resumed June 2, the Senate continued to defy its constitutional mandate,” the lawyers’ group stated.

UPLM warned that while politics may inevitably shape impeachment proceedings, it should never be used to suppress them.

It stressed, “Impeachment is not mere political theater. It is the constitutional mechanism to exact accountability and uphold the principle that public office is a public trust. It is also a venue where the impeached official is afforded due process — an opportunity to defend against serious charges, under the presumption of innocence, and before the entire nation.”

Their 2024 complaint focused on Duterte’s alleged misuse of P125 million in confidential funds released to the Office of the Vice President in 2022, and P112.5 million to the Department of Education in 2023, where she concurrently served as education secretary.

The complainants alleged that Duterte committed plunder and malversation, failed to provide a clear accounting of the funds, conspired with security aides in managing the money, and submitted questionable receipts to the Commission on Audit (COA), with some signed by what appeared to be fictitious individuals. – Rappler.com