The collaborative effort of the House of Representatives to impeach Vice President Sara Duterte will go to waste if the Senate fails to acquire jurisdiction over the case before the 19th Congress reaches its end on 30 June, one of the framers of the 1987 Constitution said Thursday.

In an interview, retired Supreme Court Senior Associate Justice Adolfo Azcuna clarified that even if the Senate received the articles of impeachment as early as 5 February, they will lapse when the new Congress takes over unless Senate President Francis “Chiz” Escudero takes his oath as presiding judge of the impeachment tribunal.

“Although Senate President Escudero has announced that they have received and therefore it has been filed, to me they should signal that they have received it as an impeachment tribunal and the way do this, not necessarily all of them [take the] oath, but at least the presiding officer,” he stated.

Azcuna explained that this is only the particular way that the Senate will take jurisdiction over the impeachment case, and even if the House’s composition changes in the 20th Congress, the trial can continue as it is.

“[He] takes his oath and say[s] that as presiding officer of tribunal, [I] receive the complaint that has been filed and inform the House of the fact it is received and tell the House to name the prosecutors. Then the trial proper can follow five months later,” he narrated.

The House impeached Duterte on 5 February, during the last day of the session before Congress adjourns for a nearly four-month break for the election campaign.

It outlined seven articles of impeachment against the VP, including betrayal of public trust, culpable violation of the Constitution, bribery, graft and corruption, and other high crimes. 

Earlier, Escudero said that holding a trial during the congressional break “legally cannot be done” since the articles of impeachment — serving as the basis for the impeachment court to be convened — were not referred to the plenary before Congress adjourned last week.

The House prosecution team, however, has argued that the Senate should convene immediately not as a law-making body but as an impeachment court since the impeachment is a non-legislative function, and thus the adjournment has nothing to with it.

Escudero announced that Duterte’s trial may start in late July after President Ferdinand Marcos Jr. delivers his State of the Nation Address.

The 19th Congress is set to adjourn sine die on 13 June. One month thereafter, a new batch of lawmakers — all the district representatives and 12 of the 24-member Senate — will be sworn in, commencing the 20th Congress.

Azcuna averred that the Senate does not have to finish the trial within the 19th Congress, but it must acquire jurisdiction over the case before the term of House members expires to prevent the petition from lapsing. 

“The House is not a permanent chamber, unlike the Senate, so it lapses out of existence after every new Congress. This impeachment complaint was filed under the 19th Congress... After 30 June, there will be a new House of Representatives,” he noted.

He continued, “Now, if they don't act on it right away, the opportunity to acquire jurisdiction over the case might lapse. There should be a new complaint by the new House, and that is not allowed.”

The Senate will need a two-thirds vote or at least 16 of its 24 sitting senators to convict and remove Duterte from office. If convicted, Duterte will be perpetually disqualified from holding any public office in the future.

If Duterte survives impeachment, the House, which has the sole power to initiate it, would have to wait at least one year to file another petition as mandated by the Constitution.

Paragraph 4, Section 3 of Article XI of the Constitution states, “in case the verified complaint or resolution of impeachment is filed by at least one-third of all the members of the House [...] the trial by the Senate shall forthwith proceed.”

The interpretation, however, has sparked debate among constitutionalists, lawyers and lawmakers due to its vagueness.

But for Azcuna, forthwith proceed means “without unreasonable delay.”

Batangas Rep. Gerville Luistro, one of the prosecutors, expressed hope that the election campaign period is not the reason the Senate is adamant about delaying the trial because it would be unfair to the House members forming the prosecution since they are all re-electionists but are willing to set aside their campaigns for the impeachment proceedings.