The Senate led by beloved Bicolano senator, Francis “Chiz” Escudero, the Senate President, is about to commit a travesty of justice. Senators led by the otherwise honorable Escudero plan to dismiss the impeachment case of Vice President Sara Duterte, without proceeding forthwith to her trial, as ordered by the Constitution.
The House impeached Sara Duterte, for betrayal of public trust. Betrayal of public trust could mean many things. It means corruption (including bribery), abuse of power and inciting to violence by disclosing – on national tv – that she had hired assassins to kill President Marcos Jr., the First Lady Liza Araneta Marcos and House Speaker Ferdinand Martin Romualdez.
In the past, impeachable officials were removed from office or forced to resign for lesser crimes – Chief Justice Renato Corona for having failed to disclose his dollar account (under the law you are allowed to keep secret dollar accounts) and money not disclosed in his statement of assets and liabilities; Joseph “Erap” Estrada for his senators’ refusal to open an envelope, a supposedly damning evidence but whose contents turned out to be harmless, and Ombudsman Merceditas Gutierrez who resigned to avoid impeachment.
The evidence against Sara is breathtakingly damning only a dog or a rat will believe she is not guilty. Please, hindi ganun ka-tanga ang Pinoy.
Filipinos who care for this country should be alarmed by Chiz’s cheesy and despicable plan.
Denounce Escudero and his mafia for plotting to dismiss the Duterte impeachment case, without a trial. You should join the throng and storm the Senate on June 11 when the cabal of senators force their travesty of justice.
* * *
Excerpts from an open letter signed by UP Law Faculty members:
The grounds for dismissal being circulated in draft resolutions reported by the media – i.e., the violation of Vice President Duterte’s right to speedy disposition of cases and the non-continuing character of the Senate – are unsupported by factual developments and a proper reading of the Constitution. 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.
On speedy disposition of cases. The Senate’s four-month inaction on the Articles of Impeachment transmitted to it on Feb. 5, 2025 has been cited as a violation of VP Duterte’s right to a speedy disposition of her case. Indeed, the Constitution guarantees this “before all judicial, quasi-judicial or administrative bodies.” Her right to speedy disposition has not been violated.
An impeachment trial, as a sui generis constitutional procedure, is not a case before a judicial, quasi-judicial or administrative body. The trial of impeachment cases is a proceeding in the Senate which does not even sit as an ordinary legislative body but as a constitutional office of accountability.
The right to speedy disposition would not apply. Even if it did apply, VP Duterte was not prejudiced by these delays. Neither has she sought a dismissal from the Senate or the commencement of her trial since the Articles of Impeachment were transmitted. In fact, she filed a petition before the Supreme Court and sought an injunction against the trial.
The VP’s right to speedy disposition was not violated by the deferral of the trial’s commencement.
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.
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.
On the non-continuing character of the Senate. Impeachment is not an ordinary legislative and non-legislative business: it is a distinct and singularly important constitutional duty. It is provided in a separate article of the Constitution (Article XI). It is also addressed to the Senate specifically, not to Congress generally. The trial of an impeachment rests on a higher plane.
The special character of the Senate when it tries an impeachment is confirmed by its own precedents. The terms “impeachment court,” “senator- judges” and “political neutrality” do not appear in the Constitution. Yet in both Estrada and Corona impeachment trials, the Senate adopted these terms and even commissioned robes, recognizing a special constitutional role that transcends its day-to-day workings as a chamber of Congress.
When the Senate acts to try impeachment, it fulfills a non-legislative role that survives its complete dissolution.
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.
On impeachment and accountability. While every impeachment is controversial if not divisive, the people eventually congregate around the Impeachment Court to find “the truth, the whole truth and nothing but the truth” about serious disqualifying allegations against their highest public servants.
We are deeply concerned with moves to preemptively dismiss the impeachment case, not because we necessarily believe in the charges: we do so because we wish to see the evidence, hear the Vice President’s defense and, with our fellow Filipinos, judge for ourselves her fitness to continue in public service.
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.
Senate’s dismissal without hearing even a single witness will mean its abandonment of its proud tradition as an august chamber and permanently alter our system of checks and balances.
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.
* * *
Email: biznewsasia@gmail.com