De Lima: VP Sara's impeachment trial can continue in 20th Congress
'Hindi ako nag-a-agree na hindi pwedeng tumawid sa 20th Congress ang impeachment trial,' De Lima told Super Radyo dzBB.
LIVE sa DZBB: Atty. Leila de Lima (@manayleila), incoming ML Party-list Representative
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????: https://t.co/Jy4ATG0XaX pic.twitter.com/R6YMivrZX0 — DZBB Super Radyo (@dzbb) June 8, 2025
(I don't agree that the impeachment trial cannot be carried on to the 20th Congress.)
'Ang prevailing view ay pwede pang tumawid kasi nga pag na simulan na, pwede pang tumawid dahi ito nga ay hindi yung ordinaryong parte ng kanilang ordinary law-making status dahil ito ay special, independent,' she added.
(The prevailing view is that it can be carried on once it has started, because this is not part of the Senate's ordinary law-making status since it is special and independent.)
According to former Supreme Court Associate Justice Adolf Azcuna, the Articles of Impeachment received by the Senate in the 19th Congress will not lapse with that Congress but will be carried over to the 20th Congress.
'The Trial of Impeachment Cases is not a function of Legislative Power but it is a Constituent Power,' said Azcuna, who drafted Article XI of the 1987 Constitution as a member then of the 1986 Constitutional Convention.
'So 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. It cannot proceed if it is made to lapse. Since it must proceed, it follows that it does not lapse,' he explained.
Duterte was impeached by the House of Representatives in February. However, the Senate postponed the reading of the impeachment charges from June 2 to June 11.
The impeachment complaint includes issues surrounding the use of confidential funds, unexplained wealth, and alleged involvement in extrajudicial killings in Davao City.
The complaint also includes her 'assassination' remarks against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos and Speaker Martin Romualdez.
Should the impeachment trial not push through, De Lima said there would be an 'erosion of public trust' in the Senate
'Marami pong aalma dyan. Maraming mawawala ng respeto sa Senado bilang institusyon, which is very sad and unfortunate,' said De Lima, a former senator.
(Many would be angered by that. Many will lose respect for the Senate as an institution, which is very sad and unfortunate.)
She noted that the Senate could find ways to proceed with the impeachment trial.
'Pwede namang gawan ng paraan (They can find ways). They (Senado) decide kung longer periods of session,' De Lima said.
Earlier today, Senators Sherwin Gatchalian and Francis Tolentino assured the public that the impeachment case of Vice President Sara Duterte will proceed on June 11. —RF, GMA Integrated News
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