Chua: We’re not rushing Senate, but Constitution says ‘forthwith’
Provided by INQUIRER.net.
MANILA, Philippines — While they are not rushing the Senate to start the impeachment trial against Vice President Sara Duterte, Manila Rep. Joel Chua said that the 1987 Constitution used the words “shall” and “forthwith” to describe the proceedings.
In a press briefing on Monday at the Batasang Pambansa complex, Chua said that they respect the opinion of Senate President Francis Escudero regarding the impeachment trial, but they were only considering the Constitution as a basis.
Paragraph 4 of the 1987 Constitution’s Article XI, Section 3 states that in case an impeachment complaint is filed by at least one-third of all House of Representatives members, “the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.”
“First of all, of course, we respect the opinion of our Honorable Senate President, but for us, it’s not that we are rushing them. We are just basing it on what is stated in our Constitution,” Chua, one of the prosecutors tapped by the House leadership, said in Filipino.
“We all know that it’s stated there that the Constitution used the words ‘shall’ and ‘forthwith’. ‘Shall’ means mandatory and ‘forthwith’ means immediately,” he added.
The same idea was raised by another member of the prosecution panel, Iloilo Rep. Lorenz Defensor, who said last February 6 that they wish the impeachment trial would start immediately, due to the presence of the word “forthwith.” However, Defensor said they would respect how the Senate would interpret the term.
Defensor also likened it to a court procedure wherein lawyers do not question decisions from the judge about the reset
READ: Lawmakers hope VP Sara Duterte impeachment trial will start soon
Earlier, Escudero said that the impeachment trial would start after President Ferdinand Marcos Jr. had delivered his fourth State of the Nation Address by July 2025 — or after the 20th Congress opens its session.
READ: VP Sara Duterte impeachment trial starts after Sona – Escudero
Escudero also maintained that he would not ask Marcos to authorize a special session of Congress to tackle the impeachment raps, as a special session could not be used for this purpose.
Last February 6, Escudero also said that the Senate should not be rushed to start the impeachment proceedings immediately, noting that three complaints were stuck in the House for two months before the chamber acted on it last February 5 — or during the last session day before Congress went into a break for the election season.
There have been several concerns about how the impeachment proceedings would go if the trial starts during the 19th Congress, while some members of the Senate — who will sit as senator-judges — would no longer be in office for the 20th Congress as they are not eligible for reelection.
At the House, there are also questions as to whether assigning prosecutors this early would be correct since their seats in the 20th Congress are not assured, due to their posts being up for grabs in the midterm elections.
Even former Sen. Leila de Lima — a supporter of moves to impeach Duterte and spokesperson for the first set of complainants — admitted last January 17 that this issue remained an open question.
“That is a question that would most certainly reach the Supreme Court. There will be even more delays if there are those legal, constitutional issues),” de Lima said, speaking in a mix of English and Filipino.
However, other legal luminaries like former senator Franklin Drilon and retired Supreme Court Senior Associate Justice Antonio Carpio believe Duterte’s impeachment is enough basis to call for a special session.
Chua is of the belief that the trial can be held in the 19th Congress and continue towards the 20th Congress if time is lacking, as the Senate is a continuing body.
“For me, there are two schools of thought there, but I believe that the Senate is a continuing body. That’s why even if this is started by the 19th Congress, this can continue towards the 20th Congress,” Chua explained.
(2025/02/10-22:08)
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- 12/22 05:50 BFAR plane tells Chinese Navy: ‘Review your chart!’
- 12/22 05:38 AFP trusts President Marcos, system, says Brawner
- 12/22 05:30 Marcos, VP Duterte ratings down as poll reflects inflation woes
- 12/22 02:22 Woke but confused: Holidays leave adulting Filipinos financially bipolar
- 12/20 10:37 6 power projects endorsed for operating permits
- 12/20 05:52 Marcos: Let DOJ handle House move vs Rodrigo Duterte
- 12/20 05:48 PNP partners with TikTok vs online scams, exploitation
- 12/20 05:42 SC fires judge involved in wife’s illegal deals
- 12/20 05:34 3rd impeach rap filed vs VP Duterte; Leni Robredo ally an endorser
- 12/20 05:04 Golf club members join legal battle in Camp John Hay
- 12/20 02:24 Balance of payments deficit grew to widest in over 2 years
- 12/19 16:06 Sovereignty, accountability, and hope: Key Philippine stories of 2024
- 12/19 13:47 Blueleaf ramps up Laguna floating solar deployment
- 12/19 09:39 PH bracing for foreign bond comeback in H1 2025
- 12/19 09:22 Vietnam learns lesson about China aggression – everyone’s a target
- 12/19 05:42 8,000 foreign Pogo workers still in PH with tourist visas, says BI
- 12/19 05:30 House tags Duterte, et al. for ‘crimes against humanity’
- 12/19 04:32 ‘Decarbonizing’ PH a race against time – but ‘we should do it properly’
- 12/19 02:28 Marcos-Duterte clash to hurt economy – Fitch
- 12/19 02:12 Holiday online shopping fraud ‘alarmingly high’ in PH
- 12/18 12:58 Neda Board approves issuance of EO on PH-Korea free trade deal
- 12/18 10:13 Blockchain Game Alliance Report shows organic Web3 gaming growth
- 12/18 09:34 DepEd budget expose billions in unspent funds
- 12/18 09:12 Prisoner swap pacts with other nations eyed after Veloso’s return
- 12/18 05:50 House OKs bill that lets foreigners lease land for 99 years
- 12/18 05:10 PhilHealth P500-B fund investment questioned
- 12/17 14:13 DTI revising regulations for vape products
- 12/17 12:25 AFP: Yearend WPS resupply, Noche Buena delivery missions successful
- 12/17 10:05 Peza expects approved investments to rise by 10% in 2025
- 12/17 09:56 Shadowy uranium trade reaches PH, raises fear of ‘dirty bomb’
- 12/17 05:45 COA: 4,000 dead seniors still on PhilHealth database
- 12/17 05:35 SC: Suspension of single, pregnant teacher illegal
- 12/16 18:23 Marcos on current state of PH: We’re quite stable amid political noise
- 12/16 05:33 Island Cove’s jobless: The other side of the Pogo ban
- 12/15 17:47 Dolly de Leon says a celeb’s craft deserves more focus than personal life
- 12/15 05:50 Senate bill forfeits illegal Pogo assets in favor of gov’t
- 12/15 05:25 DBM opens e-market for gov’t suppliers
- 12/15 02:03 Engineers build innovative roof manufacturing business
- 12/14 09:25 AI solar boat cleans 2.5 million liters of river water daily
- 12/14 08:40 AI agents will become brand ambassadors in 'Agentic Era' – study
- 12/14 05:55 House panel: Ex-president Duterte center of grand criminal enterprise
- 12/14 05:30 SMNI duo ordered to pay TV journalist P2M in damages
- 12/14 04:40 Negros Occidental declares state of calamity after Kanlaon blast
- 12/13 12:48 Harvard opens access to 1 million books for training AI models
- 12/13 12:21 Marcos aims to make PH military a 'world-class force'
- 12/13 11:39 Philippines deports 2,300 Pogo workers to China, other Asian countries
- 12/13 10:01 Gov’t eyes more diversified external financing before losing ODA perks
- 12/13 08:55 Teacher uses this trick to check students’ AI homework
- 12/13 05:30 Seized Pogo properties pose next gov’t challenge
- 12/13 02:32 It’s final: BCDA regains control of John Hay
- 12/12 22:14 2 more PH nature reserves tagged of ‘international importance’
- 12/12 10:59 VP Sara Duterte wrong in saying DOJ is ‘biased’ in probing her – exec
- 12/12 09:14 AI’s real impact on the global economy
- 12/12 05:48 Fisherfolk to SC: Void Manila Bay reclamation works
- 12/11 17:30 VP Sara Duterte considering hiring private security force
- 12/11 15:09 Local identity fraud cases surged 119% this year — study
- 12/11 14:24 DA bans poultry from The Netherlands
- 12/11 14:10 PDEA raises alarm over marijuana's growing popularity as holidays near
- 12/11 11:38 Marcos vows to make overseas work a choice, not a necessity
- 12/11 11:14 Readers more likely to distrust news from AI articles – study
- 12/11 07:32 Pogo phaseout in full swing; only 17 remain
- 12/11 05:55 Marcos rules out warship deployment in West Philippine Sea
- 12/11 02:04 World Bank trims PH growth outlook
- 12/10 15:34 China’s acts of war in West PH Sea accelerating ecological ruin
- 12/10 10:18 LTO vows stricter regulation of motorcycle taxis
- 12/10 05:50 Secret fund use hits P10B; OVP outspends 4 security agencies
- 12/10 05:45 Over 100 kilos of uranium seized in Pasay, CDO and Mandaue
- 12/10 04:40 Thousands evacuated as Mt. Kanlaon erupts anew
- 12/10 02:11 PH emerges as hot spot for RE investments
- 12/09 08:00 105 y.o. saved from stroke through advanced procedure in The Medical City
- 12/09 05:55 Chinese vessel hits BFAR ship with laser six times
- 12/09 05:50 Kalookan bishop, drug war critic is PH 10th cardinal
- 12/09 04:35 Eastern Samar has ‘fastest’ economic growth in Eastern Visayas
- 12/08 02:04 Demand for first-class seats rising among Filipino jetsetters
