Koko to Chiz: Senate’s duty to start trial ‘without any delay’
Senate Minority Leader Aquilino “Koko” Pimentel III has asked Senate President Francis “Chiz” Escudero to immediately convene the Senate impeachment court, reiterating that it is the chamber’s constitutional mandate to hear, “without any delay,” the House-endorsed complaint seeking to remove Vice President Sara Duterte from office.
In a two-page letter dated Feb. 14, Pimentel reminded Escudero that Article XI, Section 3 of the 1987 Constitution states that the “trial by the Senate shall forthwith proceed” after the chamber received the verified complaint against impeachable government officials.
According to Pimentel, this constitutional proviso clearly meant that senators should act on the impeachment case against Duterte with dispatch.
“Given the gravity of impeachment proceedings, it is imperative that the Senate uphold its duty with urgency, diligence and a steadfast commitment to the Constitution,” Pimentel said in his letter, which he shared with reporters on Tuesday.
The impeachment complaint against Duterte, initially signed and endorsed by 215 lawmakers from the House of Representatives, accuses the Vice President of culpable violation of the Constitution, bribery, graft and corruption, betrayal of public trust, and other high crimes, including the alleged misuse of up to P612.5 million in confidential funds for her office and the Department of Education (DepEd) when she was its secretary. The articles of impeachment were transmitted to the Senate late afternoon of Feb. 5.
Still, it’s ‘forthwith’
“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,’” Pimentel said.
Merriam Webster Online Dictionary, he notes, defines the word “forthwith” as “without any delay” or “without interval of time.”
“Its synonyms include immediately, instantaneously, instantly, presently, promptly, right away, right now, straight off and straightaway, among others,” the senator said. “[This] affirms that it is the Senate’s duty to act on the impeachment case… [against] Duterte ‘without any delay’ or ‘without interval of time.’ I repeat that this is the Senate’s duty.”
To further elaborate his point, Pimentel said the official Filipino translation of the constitutional provision read: “Kung ang pinanumpaang sakdal o resolusyon sa impeachment ay iniharap ng isang-katlo man lamang ng lahat ng mga Kagawad ng Kapulungan, iyon ay dapat bumuo sa Articles of Impeachment, at dapat isunod agad ang paglilitis ng Senado.”
“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 said.
No rush
Escudero had earlier rebuffed calls for him to immediately constitute the Senate into an impeachment court as he maintained that there was no reason to expedite the trial while Congress was in recess.
He argued that the Charter did not explicitly state that the chamber should promptly convert itself into an impeachment court after receiving the articles of impeachment.
“Who’s in a hurry? Ask them to point out which law mandates that we should rush,” the Senate leader said.
Treated as ‘ordinary’
“They always mention the word ‘immediately,’ but it is not in the Constitution. The Constitution only mentioned the word ‘forthwith,’ which they claim means ‘immediately,’” Escudero said.
Escudero said the move to remove Duterte as the country’s second highest public official should be treated as an “ordinary” process.
“Is the Vice President special for us to treat this as special? She’s like all other impeachable officers in our eyes and there’s no reason for us to rush or delay the proceedings,” he argued.
“We will not listen to those who want to immediately start the trial because they are angry at Duterte. We will not also listen to those who don’t want to hold the trial because they are in favor of the Vice President. They are all partisan,” Escudero added.
The Senate, currently on recess, will resume sessions on June 2, three weeks after the midterm elections. Escudero, however, announced earlier that the impeachment trial might start by late July after the State of the Nation Address by President Marcos when the 20th Congress convenes.
