'DEFINITELY FORTHWITH': Sotto vows Senate impeachment court to act without delay on VP impeachment

Senate President Tito Sotto assured the public on Tuesday that the Senate, which will sit as an impeachment court, will act “forthwith” or without delay once the Articles of Impeachment against Vice President Sara Duterte reach the upper chamber for trial.

In a briefing with reporters, Sotto said the Senate can convene as an impeachment court early as 4 May or when Congress resumes session following a month-long break. 

He added that this could be a day after receiving the articles transmitted by the House of Representatives, with the trial scheduled two weeks later.

“I will act on it with dispatch. Definitely fortwith. As soon as the Senate receives it, I will inform the Senate and refer it to the Senate committee on rules,” stated Sotto, who will sit as the presiding judge. 

Recall that the interpretation of “forthwith proceed” under Article XI Section 3(4) of the 1987 Constitution became a point of contention among constitutionalists, legal experts, and lawmakers due to its alleged ambiguity. 

Sotto’s predecessor, former Senate president Chiz Escudero, drew widespread backlash last year for insisting that “forthwith” does not strictly mean “instant,” despite the Charter framers defining it as “without delay.”

Having been a senator-judge in previous impeachment cases, Sotto maintained that “I know the meaning of forthwith,” assuring that the Senate—under his watch—will act swiftly to kickstart the proceedings. He also mentioned that he had already briefed the majority bloc in preparation for the trial.

“We’re simply preparing, just in case, because it’s already there. It is part of the job of the Senate. We are empowered to do so,” he stressed.

Sotto was labeled as “critic” of the VP by former presidential spokesperson Salvador Panelo, and tagged him as among the four senators most likely to vote in favor of her conviction if she faces trial in the Senate.

Sotto refuted the allegations and vowed to remain impartial pending the formal submission of evidence by the House prosecutors to the Senate impeachment court.

The House Committee on Justice aims to wrap up the impeachment hearings on 29 April and adopt the committee report in the plenary on 4 May. The panel cannot immediately advance the same to the floor, as Congress is still on break. 

However, once the report is approved by one-third of members—the required threshold—the House could immediately transmit the articles to the Senate on the same day. 

Sotto is expecting to receive the articles from the House in the first week of May.

Despite speculations that some senators allied with the VP will object to the trial, Sotto expressed hope that they will remain impartial as judges. The VP would only need nine votes from 24 senator-judges to be acquitted of the charges.

While House lawmakers initiate the impeachment, it would be the senators who will weigh the evidence and decide whether or not Duterte is guilty of the impeachable offenses she allegedly committed, such as betrayal of public trust, graft and corruption, and bribery. 

The charges are primarily related to the alleged questionable use of P650 million in confidential funds under the OVP and the Department of Education during Duterte’s stint as its secretary from mid-2022 to June 2024. 

Of the amount, P73.3 million was flagged by state auditors, and a notice of disallowance has already been issued for the return of the funds.

The P73.3 million in disallowed expenses forms part of the P125 million in secret funds that the OVP spent in 11 days in December 2022, though the VP’s accuser and alleged former aide, Ramil Madriaga, claimed it was disbursed in less than 24 hours.

VP Duterte has long claimed that the impeachment case against her is politically motivated, aimed at derailing her ambitions to succeed her former ally-turned foe, President Marcos Jr., in the 2028 polls.

Recently, she sought the Supreme Court’s intervention to block the impeachment proceedings against her anew, but the high court did not issue a temporary restraining order, allowing House hearings to proceed.