Koko to Chiz: Start Sara impeach proceedings ‘without delay’

MANILA, Philippines — The impeachment trial of Vice President Sara Duterte should be done “forthwith” or immediately as provided under the Constitution, Senate Minority Leader Aquilino Pimentel III reminded the Senate leadership yesterday.

In a letter to Senate President Francis Escudero, Pimentel emphasized that Article XI, Section 3, Paragraph 4 of the 1987 Constitution requires immediate Senate action on an impeachment case.

Pimentel said even Merriam-Webster Online Dictionary defines forthwith as “without delay” or “without interval of time.”

He said forthwith synonyms include immediately, instantaneously, instantly, presently, promptly, right away, right now, straight off and straightaway.

“In case the verified complaint or resolution of impeachment is filed by at least one-third of all the members of the House of Representatives, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed,” Pimentel said.

“Since it is a constitutional provision or term we are giving meaning to, the term ‘forthwith’ must be interpreted in accordance with the Verba Legis Rule, that is, it should be given its plain and ordinary meaning,” he pointed out.

Escudero has yet to respond to Pimentel’s letter but he is set to meet with reporters today to discuss pressing issues, including the Duterte impeachment.

The House of Representatives transmitted to the Senate the impeachment complaints against the Vice President on Feb. 5, or two days before Congress went on recess to pave the way for the midterm elections.

Escudero said the Senate would prepare and tackle the matter only when Congress resumes session on June 2. And even after the resumption of session, the Senate is unlikely to hold a trial right away as more preparations are required to keep it going. Calls for an immediate impeachment trial of Duterte have swamped the Senate.

Translation clear

Pimentel said even the Filipino translation of the 1987 Constitution is clear about the urgency of Senate action once it receives articles of impeachment.

“The Filipino translation for ‘forthwith’ is agad which conveys immediacy. The synonyms of this Filipino word include madali, bigla, dagli, or karakaraka which denote urgency or promptness,” he pointed out.

“Given the gravity of impeachment proceedings, it is imperative that the Senate upholds its duty with urgency, diligence, and a steadfast commitment to the Constitution. I appreciate your prompt attention to this matter and look forward to your response,” said Pimentel.

Pimentel’s lone colleague in the minority Sen. Risa Hontiveros said she fully supports his position as stated in a letter to Escudero.

“It is clear that the Constitution mandates the Senate to convene with urgency after the Articles of Impeachment are transmitted to us,” Hontiveros said on the sidelines of the inauguration of the One Bonuan Tourism Pavilion in Dagupan city, Pangasinan. “As senator, I will be a judge and I should remain neutral or impartial.”

A member of the team of 11 prosecutors in the House of Representatives welcomed the filing of a petition with the Supreme Court compelling the Senate to immediately convene as an impeachment court.

“When you say forthwith, it means immediately,” 1RIDER Party-list Rep. Rodge Gutierrez said.

The petition for mandamus, filed by former PCGG special counsel Catalino Generillo Jr., argued that the Senate has a constitutional obligation to proceed with the impeachment trial immediately after receiving the articles of impeachment from the House of Representatives.

Generillo cited the phrase “shall forthwith” in the Constitution, stating that the Senate cannot delay the process.

No excuse

Gutierrez also rebuffed arguments by some senators that it was the House that dragged its feet on the matter, leaving the Senate with no choice but to delay the trial.

“I don’t believe that it is sufficient reason to delay. I think it is a constitutional mandate that has to be complied with immediately,” he said.

Gutierrez also pointed out that the Senate, as a continuing body, has enough members to proceed with the trial even during the campaign period.

“There are 12 senators who are not up for reelection, and the 12 senators that are up for reelection, I don’t think all of them are up for reelection,” he explained. “They can still pursue its constituent powers if it chooses to do so,” Gutierrez said.

He emphasized that legislators must prioritize their constitutional duties over their political ambitions.

“Our mandate here… is not to run for a second campaign but to faithfully fulfill the duties that we have sworn to uphold,” Gutierrez pointed out. “For as long as we’re here, we have to pursue what we are mandated to do,” he said.

The delay in convening the impeachment court has raised concerns over whether the Senate is deliberately stalling the process to benefit Duterte. Legal experts, including election lawyer Romulo Macalintal, have argued that campaigning is not a valid excuse for postponing the impeachment trial.

House Assistant Majority Leader and Lanao del Sur Rep. Zia Alonto Adiong echoed Gutierrez’s sentiment, asserting that the Senate should not let the election season derail the performance of its duty. “This is not legislative, it is constituent power,” he stressed.

Ako Bicol party-list Rep. Jil Bongalon said the camp of Duterte appeared to be “on a panic mode” as it moved to contest a petition with the SC for the immediate convening of a Senate impeachment trial.

“Even without reading the petition filed a while ago, we can assure the public that it can only mean two things: it’s purely a publicity stunt or unmistakable proof that the camp of the Vice President is on panic mode,” Bongalon, a member of the House prosecution team, said.

He emphasized that the impeachment complaint against Duterte, filed two weeks ago, meets all constitutional requirements for trial in the Senate.

“The Constitution sets clear and basic requirements for an impeachment complaint to move forward: it must be filed by at least one-third of the House of Representatives, verified, have the votes of each member recorded, and cannot be initiated more than once within a one-year period,” he said.

Delaying tactics

Bongalono also accused the Duterte camp of resorting to delaying tactics. “In their utter desperation, the Vice President’s camp is throwing the proverbial kitchen sink to stop the inevitable — for the Senate to commence trial and for the public to finally see the overwhelming and damning evidence against her,” Bongalon said.

“We challenge the Vice President’s camp to stop these stunts and face us in trial. The Filipino people deserve no less,” he said.

The Makabayan bloc in the House of Representatives also slammed what it called Duterte’s desperate move to evade accountability by asking the SC to stop the impeachment proceedings. — Marc Jayson Cayabyab