SC: ‘Forthwith’ still leaves timing of impeach trial to Senate ‘discretion’
“Forthwith,” the term used in the Constitution to describe the manner by which the Senate should conduct an impeachment trial, is discretionary and “does not specify a fixed timeline” for the chamber to start the proceedings.
This was according to a ruling of the Supreme Court en banc on a petition that asked the tribunal last year to compel the Senate to immediately convene as an impeachment court after receiving the articles of impeachment against Vice President Sara Duterte from the House of Representatives.
“While the Constitution requires the House of Representatives to act within a certain number of session days on an impeachment complaint, it does not specify a fixed timeframe for the Senate to start an impeachment trial,” the court said in a statement on Wednesday.
The Supreme Court was referring to the deadlines set by the Constitution for the inclusion of a verified impeachment complaint in the House’s Order of Business within 10 session days, as well as the referral to the appropriate committee within three session days.
The Senate, on the other hand, may decide on its own when it would start an impeachment trial, the court said.
“It simply provides that the trial ‘shall forthwith proceed,’ leaving the timing to the Senate’s discretion,” it added.
Still, the tribunal explained: “While the Constitution does not set an exact date for the trial, the Senate must avoid undue delay to uphold the principle that public officers must at all times be accountable to the people.”
In the same statement, Senior Associate Justice Marvic Leonen said the Senate should have convened “immediately” as an impeachment court and that the task of forming the court should not have been passed on solely to the Senate President, who at the time was Sen. Francis “Chiz” Escudero.
The first articles of impeachment against Duterte were transmitted by the House to the Senate on Feb. 5, 2025. Escudero, however, decided to wait for the resumption of congressional sessions in June before conducting the trial.
Duterte later questioned the House impeachment proceedings at the Supreme Court. The tribunal decided in her favor in July 2025, voiding her impeachment, and affirmed the ruling in January this year.
