Philippine Senate to Convene Impeachment Court 'Forthwith' if Articles Against Vice President Sara Duterte Are Transmitted

Key facts

• Senate President Vicente Sotto III said the Senate will convene as an impeachment court the day after receiving the articles of impeachment against Vice President Sara Duterte.
• The Supreme Court ruled that 'forthwith' in the 1987 Constitution means 'within a reasonable time,' not necessarily immediately.
• Sotto argued the Supreme Court decision does not apply to the Senate's work, as it is a co-equal branch.
• The 1987 Constitution states that if at least one-third of House members file the impeachment complaint, the Senate shall 'forthwith' proceed with trial.
• Sotto called a caucus among senators on Thursday to discuss preparations for a possible impeachment trial.
• The impeachment trial could begin by mid-May.

Senate President Vows Immediate Action on Impeachment Articles

Senate President Vicente Sotto III declared on Thursday that the Senate will convene as an impeachment court the day after receiving the articles of impeachment against Vice President Sara Duterte. This commitment comes despite a recent Supreme Court ruling that the constitutional term 'forthwith' allows the Senate a reasonable period to prepare. Sotto made the remarks in an ambush interview, emphasizing that the high court's decision does not bind the Senate's internal procedures.

Supreme Court Defines 'Forthwith' as 'Reasonable Time'

The Supreme Court clarified that 'forthwith' in Article 11, Section 3(4) of the 1987 Constitution means 'within a reasonable time, which may be longer or shorter, depending on the circumstances of each case.' This interpretation, the court said, permits the Senate to make necessary preparations before convening as an impeachment court. However, the court stressed that the Senate must avoid 'undue delay' in conducting the trial.

Sotto Dismisses Court Ruling as Inapplicable to Senate

Sotto asserted that the Supreme Court's decision is limited to the specific petition before it and does not govern the Senate's conduct. 'That decision does not apply to the work of the Senate. Does not have anything to do with the work of the Senate. We are a co-equal branch,' he said. He added that the Senate will act 'forthwith' upon receipt of the articles, interpreting the term to mean the following day.

Caucus Called to Prepare for Possible Trial

Earlier on Thursday, Sotto called a caucus, or meeting, among senators to discuss preparations for the potential impeachment trial of Vice President Duterte. The move signals that the Senate is gearing up for a proceeding that could begin as early as mid-May.imed to coordinate logistics and procedural matters for the trial.

Constitutional Basis and Historical Context

The 1987 Constitution mandates that if a verified impeachment complaint is filed by at least one-third of all House members, those articles constitute the impeachment, and the Senate 'shall forthwith proceed' with trial. The term 'forthwith' became controversial during the past Congress when articles of impeachment reached the Senate under then-Senate President Francis 'Chiz' Escudero. Sotto previously argued that there was no need to define the term further.

Next Steps and Stakes

The articles of impeachment against Vice President Sara Duterte have not yet been transmitted to the Senate. Once transmitted, Sotto has pledged to convene the Senate as an impeachment court the following day. The trial will determine whether Duterte is removed from office. The Senate's interpretation of 'forthwith' could set a precedent for future impeachment proceedings.

The bottom line

• Senate President Sotto insists the Senate will convene an impeachment court the day after receiving the articles, overriding the Supreme Court's 'reasonable time' interpretation.
• The Supreme Court ruled that 'forthwith' allows the Senate reasonable preparation time but prohibits undue delay.
• Sotto called a senators' caucus to prepare for the trial, which could start by mid-May.
• The constitutional requirement for impeachment trial is triggered by a complaint from at least one-third of House members.
• The Senate's handling of the term 'forthwith' may influence future impeachment proceedings.