Former Supreme Court Associate Justice Adolf Azcuna has called on Senate President Francis “Chiz” Escudero to immediately read the Articles of Impeachment against Vice President Sara Duterte, saying it is the crucial step needed to trigger the Senate’s jurisdiction over the case and begin the trial.
“All he needs is to get the Articles read to the Senate and served on the Respondent. That will trigger the Senate’s jurisdiction over the case,” Azcuna said in a Facebook post over the weekend. He emphasized that the process can continue under the 20th Congress, even if it was initiated in the 19th.
Azcuna, one of the framers of the 1987 Constitution and author of Article XI on public accountability, stressed that failing to act on the Articles would be a “grave violation” of the Constitution. He argued that the impeachment trial is not subject to the rule of legislative business lapsing with the end of a congressional session, as it is a function of constituent power—not legislative.
“It cannot proceed if it is made to lapse. Since it must proceed, it follows that it does not lapse,” he explained.
To further stress urgency, Azcuna pointed out the use of the term “forthwith” in the Constitution, saying it means “immediately and without unreasonable delay” or, in Filipino, agad-agad.
He added that the dismissal of the impeachment complaint by the current Senate could still be reversed either by the Supreme Court or by a proper motion for reconsideration in the next Congress—but only if one of the majority senators who voted to dismiss it files the motion and remains in office in the 20th Congress.
“This too will afford the Respondent due process and the opportunity to present her side,” Azcuna said, urging lawmakers to fulfill their constitutional duty and give the public confidence in the country’s democratic processes.
The House of Representatives impeached Duterte in February with over 200 lawmakers supporting the complaint, which includes allegations of misuse of confidential funds, unexplained wealth, involvement in extrajudicial killings during her time in Davao City, and controversial remarks perceived as threats to President Marcos Jr. and his family.
The Senate has delayed the reading of the Articles from June 2 to June 11. Meanwhile, Escudero recently clarified that no official resolution to dismiss the case had been filed, although Senator Ronald “Bato” dela Rosa confirmed he authored such a resolution.
In an earlier statement from The Hague, Duterte compared the process to a “crucifixion,” describing it as a “bloodbath” targeting her.