UP Law faculty: Let truth unfold in Sara Duterte impeachment case
Vice President Sara Duterte — Photo from Inday Sara Duterte/Facebook
MANILA, Philippines — More than 90 faculty members from the University of the Philippines College of Law have urged the Senate to immediately proceed with the impeachment trial of Vice President Sara Duterte.
In an open letter made public Thursday, the faculty members voiced concerns over attempts in the upper chamber to “preemptively dismiss” the impeachment complaint.
“We therefore earnestly urge our Honorable Senators: let the truth unfold. We call on the Senate of the Philippines to comply with its constitutional duty to ‘forthwith proceed’ with the impeachment trial of Vice President Sara Duterte,” read the letter.
The appeal follows the circulation of a draft resolution to de facto dismiss the impeachment case, which Senator Ronald dela Rosa, an ally of the Duterte family, confirmed to have originated from his office.
READ: Draft reso on dropping Sara Duterte trial is from Dela Rosa’s office
The professors said the grounds cited in the draft resolution — violation of the Vice President’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.”
“Premature dismissal will undermine the core democratic principle of checks and balances. In contrast, proceeding with an impeachment trial will uphold the Senate’s constitutional mandate on public trust and accountability,” the law professors said.
The professors said they want the impeachment trial to proceed not because they believe in the charges 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.”
“In these difficult moments, 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,” they added.
As teachers and scholars of law, they said, dismissing the case against Duterte without the Senate even hearing one witness will “mean its abandonment of its proud tradition as an august chamber and permanently alter our 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,” they added.
Can impeachment be taken over by the 20th Congress?
For the UP Law faculty members, the question should not be preempted by members of the current or 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,” they added.
The professors also stressed that impeachment trials operate on a “higher plane” than ordinary legislative or non-legislative work, addressing arguments for dismissal based on the Senate not being a continuing body. They pointed out that cases like Neri v. Senate and Balag v. Senate, cited by proponents of dismissal, are inapplicable to impeachment as they concern legislative investigations.
Finding the truth
In the same letter, the UP Law faculty members said the Senate owes the public the right to know the truth about the allegations raised in the impeachment case.
They said in the impeachment trial of then president Joseph Estrada, the non-opening of the second envelope was premised on evidentiary objections regarding relevance and materiality, but for the public “it was the suppression of the truth” that eventually led to the removal of Estrada.
In the impeachment of Chief Justice Renato Corona, they said the tide turned when he abruptly walked out of the trial before the Senate could ask him questions.
“While every initiation of impeachment is understandably 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 its highest public servants.” /das
