By Rodolfo Dacleson II
(June 9, 2025) – A framer of the 1987 Constitution explained that the word “forthwith” in the impeachment provisions means the Senate must conduct the trial immediately.
Retired Supreme Court Associate Justice Adolfo Azcuna said he drafted Article XI of the constitution, including Section 3 where the word “forthwith” was used.
“It is precisely meant to mean immediately and without unreasonable delay or in the National language official version ‘agad-agad,’” said Azcuna in a statement on Saturday.
He was among the signatories in a separate statement of the San Beda Graduate School of Law, which urges the Senate to proceed with the impeachment trial of Vice Pres. Sara Duterte.
To recall, Senate Pres. Chiz Escudero stated that “forthwith” does not require immediate action, noting the House of Representatives’ transmittal of the articles of impeachment against Duterte which came late on February 5 – the same day the Congress took a recess for the 2025 midterm elections.
Escudero has been criticized for allegedly delaying the proceedings. Last May, he postponed the presentation of the complaint by the prosecution panel before the Senate to June 11 from June 2.
Azcuna furthered that the Senate in the 20th Congress can continue Duterte’s impeachment trial as long as its articles are read in the preceding upper chamber.
“A dismissal of the articles by the Senate of the 19th Congress after receiving it and without proceeding to trial would be a grave violation of the constitution,” he added. “It can be reversed by the Supreme Court or by the Senate of the 20th Congress on a proper motion for reconsideration.”
Following claims that the Congress received the complaint, has the sole authority over it.
ALSO READ: Sara’s impeachment ‘functionally dismissed’ in 19th Congress’ end, says senator
“It [impeachment] does not fall under the rule that unfinished business lapses with the outgoing Congress because the Constitution says the opposite— that the trial must “proceed” meaning it must continue until it is finished,” said Azcuna, noting it was constituent power instead of legislative power.
Duterte was impeached for her grave threats against Pres. Bongbong Marcos Jr. first lady Liza Araneta-Marcos, and House Speaker Martin Romualdez and alleged misuse of confidential funds, among constitutional violations.
A recent survey by the OCTA Research Group revealed that the majority of Filipinos want the embattled vice president to face impeachment.
ALSO READ: 78% Filipinos push Senate: Let VP Sara face impeachment trial
(BR)
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