Senate Majority Leader Francis Tolentino (黑料社 file photo)
MANILA, Philippines 鈥� Senate Majority Leader Francis Tolentino sees a possible legal battle at the Supreme Court (SC) focused on the word 鈥渇orthwith鈥� in the 1987 Constitution concerning the impeachment trial of Vice President Sara Duterte.
A provision of the Constitution specifically states: 鈥淚n 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.鈥�
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.鈥檚 State of the Nation Address (Sona) in July.
While respecting Escudero鈥檚 pronouncement, Tolentino also recognized the argument of Senate Minority Leader Aquilino 鈥淜oko鈥� Pimentel III that the word 鈥渇orthwith鈥� means immediate action on any impeachment case.
鈥淭he Constitution provides for that word forthwith and forthwith is immediately, shall act on it,鈥� Tolentino, a lawyer, stressed at the 鈥淜apihan sa Senado鈥� on Wednesday.
Out of respect for the Senate chief, however, Tolentino said he would not contradict Escudero鈥檚 opinion on having the impeachment trial after the Sona 鈥� or about five months after the transmittal of the impeachment case to the upper chamber.
READ: Azcuna to Senate on impeachment: Even on recess, 鈥榯hey should start this鈥�
鈥淟et others decide and analyze the exact meaning of forthwith if it鈥檚 really immediately,鈥� Tolentino said.
鈥淎nd maybe someone would question the meaning of 鈥榝orthwith鈥� in the Supreme Court 鈥� declaratory relief or what. So that鈥檚 not for me [to decide],鈥� 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聽 Duterte, Tolentino raised another possible 鈥渏urisdictional鈥� question.
鈥淢aybe if the Supreme Court says that 鈥榝orthwith鈥� should be 鈥榠mmediate,鈥� there will be jurisdictional issues. So if it鈥檚 done past the 鈥榝orthwith鈥� days, perhaps a matter can be raised that the impeachment court no longer has jurisdiction,鈥� he pointed out.
He also mentioned a constitutional provision on one鈥檚 right to a speedy trial that he said should be read together with the 鈥渇orthwith鈥� 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.
鈥淲hen will the constitutional clock start ticking?鈥� he asked.
鈥淪o we鈥檙e now in the realm of a constitutional limbo, so to speak, until a final determination is made by the 19th Congress,鈥� Tolentino later said.
* * *
NOTE: Some of the Filipino-to-English translations in the article were AI-generated.