VP impeachment trial: Tolentino sees SC battle on 鈥榝orthwith鈥�
Senate Majority Leader Francis Tolentino (黑料社 file photo)
MANILA, Philippines — Senate Majority Leader Francis Tolentino sees a possible legal battle at the Supreme Court (SC) focused on the word “forthwith” in the 1987 Constitution concerning the impeachment trial of Vice President Sara Duterte.
A provision of the Constitution specifically 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 same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.”
The House of Representatives impeached Duterte on February 5, and shortly after, transmitted the Articles of Impeachment against her to the Senate for trial.
The upper chamber, however, went on break on the same date without acting on the matter.
According to Senate President Francis Escudero, the impeachment trial could start after President Ferdinand Marcos Jr.’s State of the Nation Address (Sona) in July.
Article continues after this advertisementWhile respecting Escudero’s pronouncement, Tolentino also recognized the argument of Senate Minority Leader Aquilino “Koko” Pimentel III that the word “forthwith” means immediate action on any impeachment case.
Article continues after this advertisement“The Constitution provides for that word forthwith and forthwith is immediately, shall act on it,” Tolentino, a lawyer, stressed at the “Kapihan sa Senado” on Wednesday.
Out of respect for the Senate chief, however, Tolentino said he would not contradict Escudero’s opinion on having the impeachment trial after the Sona — or about five months after the transmittal of the impeachment case to the upper chamber.
READ: Azcuna to Senate on impeachment: Even on recess, ‘they should start this’
“Let others decide and analyze the exact meaning of forthwith if it’s really immediately,” Tolentino said.
“And maybe someone would question the meaning of ‘forthwith’ in the Supreme Court — declaratory relief or what. So that’s not for me [to decide],” he added.
This issue, he said, can be clarified before the high tribunal.
Asked if the SC can compel the Senate to act on the impeachment bid against Duterte, Tolentino raised another possible “jurisdictional” question.
“Maybe if the Supreme Court says that ‘forthwith’ should be ‘immediate,’ there will be jurisdictional issues. So if it’s done past the ‘forthwith’ days, perhaps a matter can be raised that the impeachment court no longer has jurisdiction,” he pointed out.
He also mentioned a constitutional provision on one’s right to a speedy trial that he said should be read together with the “forthwith” provision.
Another question is whether or not the impeachment trial of Duterte can continue even after the present 19th Congress, which will end on June 30.
If the argument is it can proceed until the 20th Congress, Tolentino said others might argue that it could also be extended even up to the 21st Congress.
“When will the constitutional clock start ticking?” he asked.
“So we’re now in the realm of a constitutional limbo, so to speak, until a final determination is made by the 19th Congress,” Tolentino later said.
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NOTE: Some of the Filipino-to-English translations in the article were AI-generated.
