Tolentino: Supreme Court may need to rule on what 'forthwith' means in impeachment cases | ABS-CBN
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Tolentino: Supreme Court may need to rule on what 'forthwith' means in impeachment cases
Tolentino: Supreme Court may need to rule on what 'forthwith' means in impeachment cases
MANILA — Senate Majority Leader Francis Tolentino said there may be legal questions on the definition of "forthwith" raised before the Supreme Court in relation to impeachment.
MANILA — Senate Majority Leader Francis Tolentino said there may be legal questions on the definition of "forthwith" raised before the Supreme Court in relation to impeachment.
He was referring to a provision of the 1987 Constitution which states "In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed."
He was referring to a provision of the 1987 Constitution which states "In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed."
Various opinions have been raised on the meaning of the word "forthwith" amid the impending impeachment trial against Vice President Sara Duterte.
Various opinions have been raised on the meaning of the word "forthwith" amid the impending impeachment trial against Vice President Sara Duterte.
Senate President Francis Escudero said the upper chamber will not be rushed while Senate Minority Leader Aquilino Pimentel III said President Ferdinand Marcos Jr. should call a special session for the proceedings to move forward.
Senate President Francis Escudero said the upper chamber will not be rushed while Senate Minority Leader Aquilino Pimentel III said President Ferdinand Marcos Jr. should call a special session for the proceedings to move forward.
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"I respect the decision of the Senate president. As a lawyer also, I respect the comment of Senator Pimentel. True enough the Constitution provides for the word forthwith. And forthwith means 'immediately shall act on it'," Tolentino said at the Kapihan sa Senado on Wednesday.
"I respect the decision of the Senate president. As a lawyer also, I respect the comment of Senator Pimentel. True enough the Constitution provides for the word forthwith. And forthwith means 'immediately shall act on it'," Tolentino said at the Kapihan sa Senado on Wednesday.
Tolentino said he does not want to contradict Escudero, out of respect for him and because of his position as majority leader.
Tolentino said he does not want to contradict Escudero, out of respect for him and because of his position as majority leader.
"Yung salita siguro let others analyze and decide the exact meaning of forthwith kung really (if it is really) 'immediately'," he said.
"Yung salita siguro let others analyze and decide the exact meaning of forthwith kung really (if it is really) 'immediately'," he said.
The House of Representatives impeached Duterte on February 5 and transmitted the Articles of Impeachment to the Senate on the same day.
The House of Representatives impeached Duterte on February 5 and transmitted the Articles of Impeachment to the Senate on the same day.
The Senate went on break without the matter being read in plenary.
The Senate went on break without the matter being read in plenary.
"If there is going to be a decision on forthwith, it has to come from the Supreme Court whether declaratory relief or mandamus. Pwede ba kami [Senate] i-compel sa mandamus? Hindi siguro kasi co-equal branch. But forthwith can be clarified," Tolentino said.
"If there is going to be a decision on forthwith, it has to come from the Supreme Court whether declaratory relief or mandamus. Pwede ba kami [Senate] i-compel sa mandamus? Hindi siguro kasi co-equal branch. But forthwith can be clarified," Tolentino said.
The Senator said there may also be jurisdictional issues if the trial is "done past the 'forthwith' days."
The Senator said there may also be jurisdictional issues if the trial is "done past the 'forthwith' days."
He noted a constitutional provision on the right to a speedy trial, which he said should be read with the "forthwith" provision.
He noted a constitutional provision on the right to a speedy trial, which he said should be read with the "forthwith" provision.
Tolentino, who is seeking reelection, said the impeachment — a constitutional mechanism for accountability — is a distraction.
Tolentino, who is seeking reelection, said the impeachment — a constitutional mechanism for accountability — is a distraction.
He said he agreed with the position of President Ferdinand Marcos Jr., who in late 2024 discouraged impeachment moves.
He said he agreed with the position of President Ferdinand Marcos Jr., who in late 2024 discouraged impeachment moves.
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