Manila: A group of prominent deans and professors from leading Philippine law schools issued a strongly worded statement Monday, warning the newly installed Senate majority that refusing to convene as an impeachment court for Vice President Sara Duterte could expose senators to administrative and even criminal liability. The legal scholars said the Constitution leaves the Senate with no discretion once the House of Representatives transmits Articles of Impeachment approved by at least one-third of its members.
According to Philippines News Agency, 'Trial forthwith proceeds,' the professors stressed, citing Article XI, Section 3 of the Constitution, adding that the clear intent of the framers was for the impeachment process to move 'as a matter of course.' The statement came amid mounting controversy following the Senate leadership shakeup that removed Senate President Vicente Sotto III and installed Alan Peter Cayetano as the new Senate chief on the day the impeachment articles against Duterte were expected to be transmitted.
The law professors accused some senators of attempting to delay or derail the impeachment proceedings through procedural maneuvering and leadership changes. 'We decry the brazen attempts of members of the Senate to forestall the impeachment trial of the Vice-President,' the statement read. The signatories specifically criticized what they called the 'Escudero definition' of the constitutional term 'forthwith,' referring to earlier remarks by then Senate President Francis Escudero suggesting the Senate could determine the timing of the trial at its own convenience.
The professors argued that such an interpretation contradicts both the plain language and intent of the Constitution. More significantly, the group warned that senators who refuse to perform what they described as a constitutional duty could face legal consequences. 'Refusal of public officers to perform a duty imposed by law, particularly by the Constitution, constitutes dereliction of duty,' the statement said.
The professors further argued that conferring 'undue advantage and benefit on a person not entitled to it' may constitute a criminal offense punishable under Republic Act 3019, the country's anti-graft law. The signatories came from the San Beda University Graduate School of Law, including retired Supreme Court Justice Adolfo Azcuna, former environment undersecretary Antonio La Vi±a, dean Fr. Ranhilio Callangan Aquino, Msgr. Gary Formoso, Fr. Jaime Achacoso, Dr. George Carmona, Dr. Juan Ruffo Chong, Dr. Manuel Solis, Linda Malenab-Hornilla, Melanie Pimentel, Fr. Jerome Rosalinda, and Fr. Lhem Naval.
The statement was also signed by Dean Ada Maria Abad of the Adamson University College of Law, Dean Ma. Soledad Margarita Deriquito-Mawis and Prof. Carlo Cruz of the Lyceum of the Philippines University College of Law, Dean Marivic Trabajo-Daray of Holy Name University in Tagbilaran City, Prof. Roger Terence Camua of the University of Asia and the Pacific College of Law, and Dean Rabindranath Polito of the Misamis University College of Law. Meanwhile, the legal scholars commended the 257 members of the House of Representatives who voted to approve the impeachment complaint against Duterte, calling the vote 'courageous.'
The House adopted House Resolution No. 989 and affirmed the findings of the Committee on Justice that found probable cause to impeach the Vice President on multiple grounds. Beyond the impeachment issue, the professors also called on Philippine authorities to cooperate with international legal processes involving Senator Ronald dela Rosa in relation to the International Criminal Court. The group urged Filipinos to 'see to the faithful compliance by all public officers of their sworn duty to uphold the Constitution and abide by the Rule of Law.'
