UP Law profs call on Senate to 'forthwith proceed' with impeach trial
MANILA, Philippines — Law professors from the University of the Philippines (UP) have called on the Senate to proceed with the impeachment trial of Vice President Sara Duterte, warning that its premature dismissal would “undermine the democratic principle of checks and balances.”
In a statement dated June 5, the UP Law professors expressed “grave concern” over proposals to declare Duterte’s impeachment de facto dismissed. They argued that the alleged violations cited in these proposals “are unsupported by factual developments and a proper reading of the Constitution.”
They added:
“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."
'Right' not applicable. The professors referred to a draft resolution written by the office of Sen. Bato Dela Rosa that seeks to dismiss the impeachment complaint against Duterte. The resolution, circulating on social media, raises the right to a speedy disposition of cases — a right applicable to individuals with cases in judicial, quasi-judicial, and administrative bodies.
However, the professors argued that this right does not apply to Duterte in this instance, noting that she had neither sought a dismissal from the Senate nor demanded the start of her trial since the Articles of Impeachment were transmitted.
They further noted that Duterte had filed a petition with the Supreme Court seeking an injunction to stop the trial, but applying established jurisprudence, the right to a speedy disposition of cases was not violated.
The professors stressed the Senate’s duty to proceed with the trial, citing the Constitution’s plain mandate that the Senate “forthwith proceed” with this special constitutional function.
“We note that notwithstanding the Constitution's plain mandate for the Senate to 'forthwith proceed' with this most special constitutional function, it did not begin trial when it returned from recess on June 2, 2025,” the statement read.
“Respectfully, a dismissal at this point would be deemed by the Filipino people as effectively engineered by the Senate's delay and an abdication of its constitutional role in impeachment,” it added.
Senate’s 'continuing' character. Addressing claims that the Senate cannot continue the impeachment proceedings because it is transitioning to the 20th Congress, the professors argued that the Senate is a continuing body. They said impeachment is not “ordinary legislative and non-legislative business” but a “distinct and singularly important constitutional duty.”
“In any event, the question of whether trial should continue after the Senate adjourns sine die should not be preempted by the 19th Congress but should be left to the 20th Congress. For the Senate to decide for the 20th Congress would be undemocratic, contrary to the very rationale underlying the ‘non-continuing body’ argument,” they said.
Accountability sought. Impeachment proceedings are not mere legal exercises but crucial national conversations on governance and the high standards demanded of public officials, they argued.
“In these difficult moments, the people look to their Senate to be the forum for the country's most important truth-telling procedure because of its seniority, independence, and reputation for statesmanship,” the statement read.
“It will also undermine the people's trust in the Senate as an independent and impartial institution before which the highest officials of the land may demonstrate and prove their fealty to the principles of accountability, public service, and democracy,” it added.
Vice President Duterte is facing impeachment proceedings based on seven articles, including allegations of misuse of confidential funds, “ghost” expenses, bribery, grave abuse of power, and misconduct.
- Latest
- Trending
