Retired Supreme Court Associate Justice Adolf Azcuna has weighed in on the Senate’s controversial move to return the Articles of Impeachment against Vice President Sara Duterte to the House of Representatives. Calling it “a novel but allowable step,” Azcuna said it was designed to ensure a seamless transition of the impeachment case from the 19th to the 20th Congress.
The Senate impeachment court decided to return the documents without dismissing the case, requesting two key certifications from the House:
- That the filing of multiple complaints did not violate the one-year bar in the Constitution.
- That the 20th Congress is prepared to pursue the case.
Azcuna, who helped draft Article XI of the 1987 Constitution, said the unprecedented scenario required an unusual but constitutionally acceptable response. “This is the first time an impeachment trial is caught between two Congresses,” he explained.
While Azcuna saw the move as lawful, other constitutional experts disagreed. Christian Monsod, a fellow framer of the 1987 Constitution, criticized the Senate’s action as beyond its powers, warning it undermined constitutional integrity. Monsod said only the Supreme Court can decide on constitutionality, and senators should “inhibit themselves” if they cannot uphold their roles objectively.
Law professor Paolo Tamase echoed this sentiment, saying the Senate disrespected the House’s authority and breached the principle of co-equality. He questioned why the Senate would doubt the House’s procedure in impeachment when it doesn’t do so in passing legislation.
In contrast, Senate President Chiz Escudero argued that during impeachment trials, the Senate functions as a court—not as a co-equal chamber—and thus holds a different authority over the case.
Eighteen senators voted to return the articles, while five—including Senators Pimentel, Hontiveros, Poe, Gatchalian, and Binay—voted against it.
Despite the disagreement, Monsod affirmed the 20th Congress could still move forward with the impeachment trial, stressing there is no gap in legislative power or quorum due to the June 30 transition between outgoing and newly elected senators