MANILA – Legal experts are sounding the alarm over efforts by pro-Duterte senators to block the impeachment trial of Vice President Sara Duterte — calling the maneuver unconstitutional, dangerous, and a betrayal of public trust.

Christian Monsod, one of the framers of the Philippine Constitution, stated that senators proposing resolutions to dismiss the impeachment case outright are not only avoiding their constitutional duty but also compromising their integrity in the process.

“They cannot do that, wala ‘yun sa Constitution. Dapat magkaroon ng trial.” he said in a DZMM interview. “It’s the duty of the Senate to conduct ‘yung trial. They cannot get out of that duty,”.

Monsod emphasized that senators who have publicly expressed opposition to the complaint have effectively “prejudged” the case and should recuse themselves from participating in the proceedings.

“Yung judges, the source of their legitimacy is their independence and the Senate is now functioning as a judicial body. But if they have already prejudged the case, they should recuse themselves. Hindi na sila dapat sumali sa proceedings because they have prejudged it,” Monsod said. “Where is their integrity? Kung ganun sila, wala na silang independence, they should not participate in the process.”

If the Senate decides to unilaterally drop the impeachment case, Monsod warned that the House of Representatives could challenge the move before the Supreme Court, arguing it would be a clear violation of the Constitution.

UP Law Faculty: Senate Must Proceed

In a rare and pointed intervention, individual faculty members from the University of the Philippines College of Law — the country’s top law school — issued an open letter urging the Senate to “forthwith proceed” with the impeachment trial. They warned that dismissing the case without trial would be unconstitutional and would “erode the Senate’s role as an accountability institution.”

The professors expressed concern over proposals to declare the case “functionally or de facto dismissed,” arguing such moves lack constitutional basis or support from legal precedent.

They also addressed claims that the impeachment case should be dropped due to delays or the change in Senate composition. “Impeachment is a sui generis proceeding,” the letter read, “and not subject to ordinary judicial timelines.” They rejected the idea that the Senate — a continuing body — can dismiss the case simply because of the adjournment or turnover of senators.

“We are deeply concerned with moves to preemptively dismiss the impeachment case not because we necessarily believe in the charges,” the professors wrote, “but 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.”

They called the impeachment trial the nation’s “most important truth-telling procedure” and urged the Senate to fulfill its constitutional role.

Among the signatories are esteemed legal experts, including former International Criminal Court Judge Raul Pangalangan, former Supreme Court spokesperson Ted Te, Antonio La Viña, Gwen de Vera, Jay Batongbacal, Dante Gatmaytan, and John Molo.

Sarmiento: “Congress Remains the Same”

Former COMELEC commissioner and constitutional expert Atty. Rene Sarmiento echoed this sentiment, countering Senator Francis Tolentino’s claim that the impeachment cannot continue into the 20th Congress.

“These are just numerical designations,” Sarmiento said. “There is no obstacle. Congress remains the same institution. It can fulfill its non-lawmaking function — such as impeachment — regardless of session status or composition changes.”

He emphasized that the process officially began when the Articles of Impeachment were submitted to the Senate. “That mission continues until accomplished,” he said.

“They’re Scrambling” – Atty. Luke Espiritu

Labor leader and lawyer Luke Espiritu didn’t mince words, accusing Duterte loyalists in the Senate of orchestrating a cover-up.

“Hindi acquittal ang habol ng mga Duterte sa impeachment. Habol nilang wag matuloy ang trial para hindi mahubaran ang korapsyon at umano’y ugnayan nila sa mga kriminal na sindikato. Ayaw nilang mabuking bilang ang top criminal family ng bansa gayong anti-crime at anti-drugs ang kanilang imahe sa masa, lalo na sa masa ng Visayas at Mindanao.” Espiritu said.

According to Espiritu, Duterte allies are “scrambling” to derail the process before the Senate convenes as an impeachment court on June 11.

“Nagkukumahog na ang mga Duterte kaya apurado na ang mga tuta nila sa Senado na harangin ang impeachment. Kung totoong malinis ang mga Duterte, harapin nila ang mga asunto laban sa kanila sa pamamagitan ng impeachment trial kay Sara.” The labor leader added.

📷 Senate of the Philippines