Netizen Claims the Impeachment of Vice President Inday Sara Duterte ‘is junked’ because of ‘unconstitutional delay’ per the Constitution

As posted by a netizen on social media. His post, statements, every word is his, not necessarily SDN’s. 

Short link: https://wp.me/paaccn-PuE

📣 THE IMPEACHMENT CASE AGAINST VP SARA DUTERTE IS JUNKED — AS MANDATED BY THE CONSTITUTION!
Why is the impeachment case effectively dismissed? Let’s break it down:

📌 On February 5, 2025, the House of Representatives transmitted the Articles of Impeachment against VP Sara Duterte to the Senate. However, that same day, the Senate adjourned session — and the articles were not calendared for plenary due to procedural requirements.

📌 Now, more than 100 days have passed with no trial convened by the Senate. But under Article XI, Section 3 (6) of the Constitution, the impeachment trial must proceed “forthwith” — meaning immediately — after the articles are transmitted. Delaying it violates the respondent’s constitutional right to the speedy disposition of cases.

📌 The 1987 Constitution, Article III, Section 16 ensures the right to speedy case resolution before all judicial, quasi-judicial, or administrative bodies — and this includes impeachment proceedings.

📌 Moreover, based on the Supreme Court ruling in Neri v. Senate (2008), impeachment proceedings cannot carry over to the next Congress. While the Senate is a “continuing body,” each Congress acts independently when it comes to impeachment. Therefore, the 20th Congress can no longer try a case initiated in the 19th.

✅ In short: The delay violated VP Sara Duterte’s constitutional rights, and the trial can no longer legally proceed. Thus, the impeachment case is considered de facto dismissed — junked by the operation of law.

📣 This is not a matter of favor or politics. The law, the Constitution, and jurisprudence are clear: This case is over.

For More Clear Explanation:

✅ 1. Violation of the Right to Speedy Disposition of Cases
Constitutional Basis: Article III, Section 16 of the 1987 Constitution guarantees every person the right to a speedy disposition of their case before judicial, quasi-judicial, and administrative bodies — including impeachment courts.

Key Quotation from Supreme Court (Chingkoy v. Andutan):

“It may be invoked by any citizen before, during, and after trial…”

Senate Delay: More than 100 days passed after the Articles of Impeachment were transmitted to the Senate without convening the Impeachment Court or starting the trial.

Impact: This unjustified delay violates VP Sara Duterte’s constitutional rights and exposes the process to dismissal on constitutional grounds.

✅ 2. “Forthwith” Requirement Ignored
Constitutional Text (Art. XI, Sec. 3[6]):

“The trial shall forthwith proceed after the Articles of Impeachment have been transmitted to the Senate.”

Interpretation: “Forthwith” is not optional. It is a mandatory command meaning immediately or without delay.

Violation: The Senate failed to act “forthwith” — again pointing to procedural default that undermines the validity of the impeachment process.

✅ 3. No Cross-Over to the Next Congress
Senate Rules: Rule XLIV, Section 123 of the Senate Rules prohibits pending impeachment cases from carrying over to the next Congress unless refiled.

Jurisprudence: Neri v. Senate (2008):

“Each Congress acts separately and independently of the Senate of the Congress before it.”

Timing: The 19th Congress is set to adjourn sine die on June 13, 2025. The impeachment trial is only scheduled on June 11, 2025 — just 2 days before adjournment, with no actual progress yet.

Consequence: If not resolved within the 19th Congress, the case automatically dies and cannot be revived in the 20th Congress.

✅ 4. Legal Precedent for Dismissal Due to Delay
Tatad v. Sandiganbayan:
The Court ruled that even if rules do not specifically list it, delays violating the right to speedy disposition can still justify the dismissal of a case.

🔚 Conclusion: Why the Impeachment Is Junked
Based on:

the unconstitutional delay,

the failure to comply with “forthwith” requirement,

the Senate rules and Supreme Court rulings prohibiting cross-over to the next Congress, and

the constitutional right to speedy disposition,

➡️ the Senate is legally compelled to consider the impeachment case de facto dismissed. (Nothing follows)