MANILA – Former Bayan Muna representative and current nominee Neri Colmenares urged the Senate to proceed with the impeachment trial of Vice President Sara Duterte as mandated by the Constitution.

In a position paper submitted to Senate President Francis “Chiz” Escudero, Colmenares said that the proposal for an impeachment court to convene on June 2, 2025 or in the next Congress, is without constitutional basis or legal basis.

“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,” Article XI, Section 3 of the 1987 Philippine Constitution states.

The impeachment complaint, signed by 215 lawmakers from the House of Representatives (HOR), was submitted to the Senate on February 5. The complaint was based on multiple grounds including betrayal of public trust, culpable violation of the Constitution, bribery, graft, and corruption, among others. 

“No matter the debate on what “forthwith” means, more than four months is surely not reasonably within the Constitution’s contemplation of “forthwith”— especially since impeachment is the only accountability mechanism left for impeachable officials,” said Colmenares in his position paper.

For Duterte to be convicted, at least two-thirds of all Senate members must vote in favor of the impeachment. If convicted, she will be officially removed from the office and barred from holding any government position in the Philippines.

“To delay the impeachment trial by belaboring the definition of “forthwith” has no place in the accountability mechanism for public officials. In fact, even the three previous impeachment complaints against high impeachable officials do not define “forthwith” to contemplate a delay in holding of an impeachment trial beyond a month or two,” Colmenares added.

During the impeachment against former President Joseph Estrada, the impeachment court convened a week after the transmission of the complaint to the Senate. However, he was not convicted but ousted by the people through the EDSA People Power II uprising. 

The impeachment court to hear the complaint against then Ombudsman Merceditas Gutierrez was scheduled to convene not later than two months. However, she resigned just before the trial. Lastly, the impeachment court to hear the complaint against former Supreme Court Chief Justice Renato Corona convened a month after the complaint was transmitted to the Senate.

“It is not true that there is no time to complete the trial before the 19th Congress ends its term on June 30, 2025. The public prosecutors only need to focus on the strongest ground and employ only 1 or 2 acts that can easily be proved using official documents from the Commission on Audit and the Department of Budget and Management, as well as the evidence officially presented during the congressional hearings,” said Colmenares.

The Supreme Court ordered the Senate to comment on the petition seeking to compel the upper chamber to immediately proceed with the impeachment trial of Sara Duterte, within a non-extendible period of 10 days upon receipt of notice.

“Impeachment is a nationwide concern that will be treated with urgency because of the gravity of the matter,” said SC Spokesperson Camille Sue Mae Ting. 

In time for the 2025 midterm elections, Bayan Muna said that “impeachment should be made an election issue, with all candidates — particularly senatorial and party-list hopefuls — publicly declaring their stance on the matter.” (RTS, RVO)