Marilyn Cahatol

Vice President Sara Duterte holds a press conference with the media at the Office of the Vice President in Mandaluyong City on February 7, 2025. Maria Tan, ABS-CBN News

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ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/17493514400261749351437400.jpeg" style="width:960px" class="fr-fic fr-dib"/><span class="fr-inner" style="text-align:left">Vice President Sara Duterte holds a press conference with the media at the Office of the Vice President in Mandaluyong City on February 7, 2025. <em>Maria Tan, ABS-CBN News </em></span></span></span></div><p>MANILA — Former Supreme Court Associate Justice Adolf Azcuna, who drafted the part of the 1987 Constitution on the accountability of public officers, said the impeachment trial of Vice President Sara Duterte can continue in the 20th Congress if the Senate starts it before adjourning on June 13. </p><p>In a Facebook post, Azcuna said the articles of impeachment must be read at the Senate and served on the vice president to trigger the Senate’s jurisdiction of the case.</p><p>Once that happens, the trial will continue into the 20th Congress, which will convene in July.</p><p>Senate Majority Leader Francis Tolentino has argued that the impeachment case will be dismissed if the 19th Congress adjourns without dispensing of it.</p><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/SIu-yxwUeQ0?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><p>Azcuna, who drafted Article XI of the 1987 Constitution, said an impeachment trial is a constituent power.</p><p>“It does not fall under the rule that unfinished business lapses with the outgoing Congress because the Constitution says the opposite—that the trial must &#x27;proceed&#x27;, meaning it must continue until it is finished,&quot; he said.</p><p>&quot;It cannot proceed if it is made to lapse. Since it must proceed, it follows that it does not lapse.&quot;</p><div><a href="https://www.abs-cbn.com/news/nation/2025/6/7/senators-push-for-vp-sara-duterte-s-impeachment-trial-1546">Some senators push for VP Sara Duterte&#x27;s impeachment trial</a></div><div><strong>‘DISMISSING A GRAVE CONSTITUTIONAL VIOLATION’</strong></div><p>He noted that dismissing the case would be a grave violation of Article XI, which mandates the Senate to “forthwith” convene an impeachment court as soon as a complaint signed by at least a third of the members of the House is filed.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/6/7/-convict-or-acquit-pangilinan-says-dismissing-vp-sara-impeachment-case-not-an-option-for-senate-1433">&#x27;Convict or acquit&#x27;: Pangilinan says dismissing VP Sara impeachment case not an option for Senate</a></div><p>“Forthwith,” said Azcuna, means “immediately and without unreasonable delay or in the national language official version ‘agad-agad.’”</p><p>Several draft resolutions were said to be seeking the trial’s dismissal due to lack of time. Duterte ally Sen. Ronald “Bato” Dela Rosa has admitted to initiating one of the drafts.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/6/4/dela-rosa-admits-initiating-resolution-on-dropping-sara-duterte-impeachment-trial-1734">Dela Rosa admits initiating resolution on dropping Sara Duterte impeachment trial</a></div><p>The House impeached Duterte February this year, but the Senate failed to act on the complaint, saying it was on break and that the articles of impeachment had not been reported in plenary.</p><p>The Senate was supposed to have the articles of impeachment read on June 2, but Senate President Francis “Chiz” Escudero rescheduled that to June 11, the upper chamber’s last session before it adjourns. </p><div><strong>&#x27;DISMISSAL CAN BE REVERSED&#x27;</strong></div><p>Azcuna said that if the dismissal resolutions are actually filed and the Senate adopts them, the dismissal of the impeachment case can still be reversed by the 20th Congress or by the Supreme Court.</p><p>But only the senators who voted with the majority may request for reconsideration, he added.</p><p>This means that if the majority of the plenary wants to dismiss the trial, a senator, who will remain in the 20th Congress and is against dismissing, must vote with them to have a chance to file a motion for reconsideration when the next Congress convenes on July 28. </p><div><a href="https://www.abs-cbn.com/news/nation/2025/6/7/analysts-academe-among-growing-voices-vs-delay-in-vp-sara-s-impeachment-trial-1557">Analysts, academe among growing voices vs delay in VP Sara&#x27;s impeachment trial in Senate</a></div><div><strong>RELATED VIDEO:</strong></div><div><iframe width="560" height="315" src="https://www.youtube.com/embed/lW4KGXGdFJk?si=wjPttYj_OOViSJUY" title="YouTube video player" frameBorder="0" allowfullscreen=""></iframe><br/></div>

<p>“It does not fall under the rule that unfinished business lapses with the outgoing Congress because the Constitution says the opposite—that the trial must 'proceed', meaning it must continue until it is finished," former Supreme Court Associate Justice Adolf Azcuna said.</p>

“It does not fall under the rule that unfinished business lapses with the outgoing Congress because the Constitution says the opposite—that the trial must 'proceed', meaning it must continue until it is finished," former Supreme Court Associate Justice Adolf Azcuna said.

Ex-SC justice: VP Sara impeachment trial can continue in 20th Congress but must start in 19th

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Ex-SC justice: VP Sara impeachment trial can continue in 20th Congress but must start in 19th

Marilyn Cahatol,

ABS-CBN News

Published Jun 08, 2025 01:11 PM PHT

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Sara Duterte

Impeachment

Adolf Azcuna

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