“One of the main purposes of the impeachment proceeding is to protect the rights, protect the people… so the faster the proceedings go, the better for the people.”

By ERIKA SINAKING
Bulatlat.com

MANILA – Legal experts are one in saying that the Senate should immediately proceed with impeachment trial of Vice President Sara Duterte.

In a forum dubbed as “Holding the Impeachment Trial Forthwith Under the Constitution,” held last Feb. 28 at the Adamson University, legal and constitutional experts discussed the impending impeachment of Duterte and its implications on accountability and the rule of law. 

Former 1986 Constitutional Commissioner Christian Monsod Monsod emphasized the significance of impeachment within the system of checks and balances and that “forthwith” means the trial should proceed immediately upon transmission.

Under Article 11, Section 3(4) of the Constitution, once the House of Representatives transmits the articles of impeachment, the Senate “shall forthwith proceed” with the trial. 

“One of the main purposes of the impeachment proceeding is to protect the rights, protect the people… so the faster the proceedings go, the better for the people,” Monsod explained. 

The experts’ forum came a day after Senate President Francis “Chiz” Escudero proposed a schedule for the VP’s impeachment trial with key proceedings to start on July 30, 2025.

Former Integrated Bar of the Philippines (IBP) National President Domingo Cayosa agreed with Monsod, saying that “forthwith” should be understood in its simplest form—”right away”—as interpreted by “ordinary Filipinos.”

“When we keep running around that term, our people become confused, and this causes them to struggle to understand and eventually lose interest,” Cayosa said.

While the timeline remains tentative, it has sparked discussion, as the proceedings would take place under the 20th Congress—meaning newly elected would preside as senator-judges.

This raised questions about whether an impeachment complaint initiated by the 19th Congress would still be valid under the 20th Congress.

Monsod affirmed that the trial could proceed despite a shift in both the Senate and the House of Representatives, asserting that the Senate’s duty as an impeachment court remains unchanged. He argued that the Senate is a continuing body and that impeachment complaints from previous Congresses can carry over. 

“The source of legitimacy of elected official is the vote of the people but the source of legitimacy of the justice, in this case the senate-judges, the source of legitimacy of the judges is their independence,” Monsod said.

If accepted, the Senate’s proposed timeline is five months away based on the legislative calendar.

“But why delay when they can act now?” asked former Bayan Muna representative and now first nominee Neri Colmenares.

He proposed convening on May 19—after the elections but before the current Congress’ term ends.

“Yes, and they can finish it by June 30 to avoid debates on whether the 20th Congress will have jurisdiction,” Colmenares said.

The idea of a post-election session is seen by Cayosa as a viable “Plan B.”

“That Plan B is something we should seriously consider to urge them after the election, as there will be no restrictions preventing the senators from convening and initiating the impeachment trial,” Cayosa said.

Election issue

Colmenares said the impeachment of Vice President Sara Duterte is an election issue. 

“Let’s continue the call and make it an election issue. Ask all the candidates, ‘What is your stand on impeachment?’ and you vote according to their answer,” Colmenares said. 

He said that the P125 million ($2.157 million) in allegedly misused public funds should not go unexplained, and voters should consider this when casting their ballots.

“This is the people’s chance to hold officials accountable, and if it’s taken away, the citizens will bear the consequences,” Colmenares added.

Duterte made history as the first Philippine vice president to be impeached after 240 legislators signed an impeachment complaint against her.

She faces accusations of betrayal of public trust, culpable violation of the Constitution, bribery, graft and corruption, and other high crimes.

The charges against the vice president do not immediately remove her from office, as she must first undergo a trial in the Senate. For a conviction, at least 16 senators must vote in favor, as a two-thirds majority is required.

The outcome of the 2025 midterm election, where the Senate’s 12 seats are on the line, will be crucial in determining her political fate.

Should she fall short of securing Senate support, her impeachment could lead to her removal from office and preclude her from any future public service.

Conversely, an acquittal would allow her to maintain her position and continue her political career.

Cayosa also stressed that if over 240 legislators genuinely support the impeachment charge, they should make it an election issue to “justify their decision,” emphasizing that those who signed have the resources and a moral obligation to do so, which could strengthen efforts to bring the issue to the forefront.  (RVO)