Retired Supreme Court Senior Associate Justice Antonio Carpio said the Senate is constitutionally required to conduct an impeachment trial once Articles of Impeachment are transmitted against Vice President Sara Duterte, stressing that lawmakers cannot simply dismiss the case without proceedings.
In an interview with UNTV, Carpio explained that the Constitution clearly mandates that a trial “shall proceed,” making it unconstitutional for senators to terminate the case outright through a motion to dismiss.
The former magistrate made the clarification following statements from Senator Robin Padilla that the Senate minority bloc would oppose the impeachment complaint.
Carpio emphasized that the impeachment process is not optional once the constitutional threshold is met.
Key Points
- Carpio said the Constitution explicitly requires the Senate to hold an impeachment trial once Articles of Impeachment are transmitted.
- He stressed that senators cannot dismiss the impeachment complaint outright without conducting proceedings.
- According to Carpio, refusing to convene an impeachment court would be unconstitutional.
- He expressed confidence that the complaint would obtain the required one-third support in the House of Representatives.
- Carpio also clarified the constitutional meaning of “forthwith,” saying it means acting immediately or within a reasonable time depending on circumstances.
Carpio further explained that while the Senate is required to proceed with trial, this does not necessarily mean senators must convene instantly upon receipt of the Articles of Impeachment. He noted that lawmakers may still caucus and prepare before formally sitting as an impeachment court.
He also pointed to the Filipino translation of the Constitution, where “forthwith” is rendered as “agad-agad,” reinforcing the requirement for prompt action.
The remarks come amid continuing debate over the possible impeachment proceedings against Duterte and questions surrounding the Senate’s obligations under the Constitution.