A group of deans and professors from several Philippine law schools has warned senators that they may face legal consequences if they refuse to convene as an impeachment court for Vice President Sara Duterte. The legal scholars said the 1987 Constitution gives the Senate no discretion to ignore or delay the impeachment case once the House of Representatives has transmitted the Articles of Impeachment approved by at least one-third of its members.
Senate Leadership Shakeup
The law professors issued a statement Monday, May 11, 2026, after a Senate leadership shakeup raised concerns over the fate of Duterte's impeachment trial. Senator Vicente Sotto III was removed from the Senate president post and replaced by Senator Alan Peter Cayetano on the day the House was voting on impeachment articles against Duterte. The professors accused some senators of trying to delay or derail the proceedings through leadership changes and procedural maneuvers.
"We decry the brazen attempts of members of the Senate to forestall the impeachment trial of the Vice President," their statement read.
Constitutional Issue
The professors cited Article XI, Section 3 of the Constitution, which states that once the impeachment complaint is approved by at least one-third of all members of the House, the Articles of Impeachment shall be transmitted to the Senate and "trial forthwith proceeds." This means, they said, the Senate must act as an impeachment court as a matter of course. They argued that the Senate cannot choose whether to try the case once the constitutional requirements have been met by the House.
Dispute Over 'Forthwith'
The legal scholars criticized what they called the "Escudero definition" of the word "forthwith." This referred to earlier remarks by then Senate President Francis Escudero suggesting that the Senate could determine when to begin the trial at its own convenience. The professors rejected this view, saying it goes against both the plain wording of the Constitution and the intent of its framers. For the professors, "forthwith" means the impeachment trial should proceed without unnecessary delay.
Possible Legal Consequences
The professors warned that senators who refuse to perform a constitutional duty could be held liable for dereliction of duty. "Refusal of public officers to perform a duty imposed by law, particularly by the Constitution, constitutes dereliction of duty," the statement said. The group also said that giving "undue advantage and benefit on a person not entitled to it" could be a criminal offense under Republic Act 3019, or the Anti-Graft and Corrupt Practices Act. This argument suggests that senators who block or delay the trial may be accused of giving Duterte an improper legal advantage.
What Did the House Do
The professors praised the 257 members of the House of Representatives who voted to approve the impeachment complaint against Duterte. They called the vote "courageous." The House adopted House Resolution 989 and affirmed the findings of the Committee on Justice, which found probable cause to impeach Duterte on multiple grounds.
Signatories
The statement was signed by law deans and professors from several institutions. The signatories from the San Beda University Graduate School of Law included retired Supreme Court Justice Adolfo Azcuna, former Environment Undersecretary Antonio La Viña, 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. Other signatories included 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.
Call on the ICC Issue
Aside from the impeachment issue, the scholars urged authorities to cooperate with international legal processes involving Senator Ronald dela Rosa in relation to the International Criminal Court. They also called on Filipinos to ensure that public officials comply with their sworn duty to uphold the Constitution and follow the rule of law.
