Forthwith means now, not four months later

Remember that day when what seemed impossible happened? On Sept. 16, 1991, history unfolded in the Philippine Senate.

The chamber unexpectedly voted against the proposed US bases treaty, which would have given the US another 10 years to maintain its military presence at Subic Naval Base in the Philippines.

It was a historic vote, decided by a slim 12-11 margin. The 12 senators, who would later be known as the “Magnificent Twelve,” were Agapito “Butz” Aquino, Joseph Estrada, Teofisto Guingona Jr., Sotero Laurel II, Ernesto Maceda, Orlando Mercado, Aquilino Pimentel Jr., Rene Saguisag, Jovito Salonga, Wigberto Tañada, Victor Ziga and Juan Ponce Enrile.

These men put aside their personal biases and voted for the nation’s interest. Some of them were statesmen through and through.

That decision put an end to the US military bases in the country, which were considered a big part of our colonial past.

Shining moment

I think about this chamber’s defining hour back then. From the Senate that said “no” in 1991 for nationalist reasons, we now have a Senate that also said “no” to the impeachment complaint against Vice President Sara Duterte – but clearly not for nationalist reasons. Perhaps this is more about political interest.

For many, the Senate’s decision not to act immediately on the VP’s impeachment was a complete disappointment.

We saw the crowd that gathered last month at EDSA, calling for VP Duterte’s impeachment. Sure, it wasn’t anything like EDSA I or II, but there was a big crowd nonetheless.

A December 2024 survey conducted by Social Weather Stations showed that 41 percent of Filipinos support Duterte’s impeachment. Some 35 percent were opposed and 19 percent were undecided. The survey, conducted from Dec. 12 to 18, involved 2,160 respondents and has a margin of error of ±2.

Among socio-economic classes, support for impeachment is strongest in Classes ABC, where 50 percent agree with the impeachment complaint, according to Stratbase.

This isn’t surprising, given the revelations surrounding the VP, including the use of confidential funds and, after the hearings, her threats of violence.

What happens next?

The Senate has adjourned and will resume on June 2, by which time a new set of 12 senators will have been elected.

Against this backdrop, there’s no telling how things will unfold.

Senate President Francis Escudero has been firm in saying that the chamber cannot be rushed. He also said the Constitution’s provision on impeachment does not use the word “immediately” but “forthwith.”

Says the Constitution: “…and trial by the Senate shall forthwith proceed.”

But what does “forthwith” mean? In the dictionary, it means “immediately, without delay,” especially in official use.

Maybe it would be better for the Senate President to just say that the Senate chooses not to proceed yet, even if it can.

There’s a lot at stake, after all. Perhaps the senators are well aware that this is a slippery slope they don’t want to navigate right now.

There are quite a number of pro-Duterte senators in the chamber, and some re-electionists also want to be spared from the consequences of their decision.

Perhaps this is also a matter of horse-trading. Senator Chiz wants to spare the senators from being put in a tight spot, a leverage he can later use in winning his colleagues’ support in his bid to retain the Senate presidency after the polls.

Politics, after all, is a game of compromises.

In the end, however, the Senate – under Senate President Escudero’s leadership – will have to answer to the people.

Whatever happened to the Senate as an institution? Has it become a spineless chamber?

In the past, the Senate has delivered bold decisions that once seemed impossible. Senators of decades past were true statesmen who prioritized the public good over their own interests.

Even former senator Leila de Lima reminded her former colleagues that the Senate can function as an impeachment court even outside of regular sessions.

“Kahit walang regular session kasi yung impeachment, hindi ito yung ordinary legislative function ng Kongreso. Ito ay isang non-legislative function, special function ng Kongreso,” De Lima said in an interview with TeleRadyo.

The former senator also said that Congress has done its part, and it is now up to the Senate to continue the process.

She also said that the Senate constituting itself as an impeachment court is an “obligation” imposed by the Constitution.

Former senator Franklin Drilon was likewise quoted as saying that a special session is necessary to start the process.

Even retired Supreme Court Justice Antonio Carpio said President Marcos can call a special session for the impeachment trial. He also said that while waiting, plunder charges could be filed against the VP.

For now, we’ll have to wait and see what happens next.

What is certain is that the VP was impeached by 215 congressmen, acting on complaints that were based on the findings of the hearings and public statements Duterte herself made.

With or without an impeachment trial, the VP must address the issues raised against her, especially because taxpayers’ money is involved.

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Email: [email protected]. Follow her on Twitter @eyesgonzales. Column archives at EyesWideOpen on FB.