The Market Monitor Minding the Nation's Business
The week just passed has been filled with Constitutionalism, thePower of Congress, and the Power of Judicial Review of the Supreme Court.
One of the impeachable officials is the Vice-President. The possible grounds for impeachment under Article XI, Section 2 of the Philippine Constitution are: culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of the public trust. The initiation of impeachment proceedings is lodged in the House of Representatives, as provided in Article XI, Section 3 (1) – the House of Representatives has the exclusive power to initiate all cases of impeachment; while the Senate has the sole power to try and decide all cases of impeachment.
The words used are simple enough, but lawyers have a way of complicating the simple. In the 19th Congress, the magnifying glass of interpretation was focused on the word – “forthwith” – when the Constitutional provision stated: …” In case the verified complaint or resolution of impeachment filed by at least one-third of all the Membersof the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.” The recent decision of the Supreme Court leaned towards interpreting “forthwith” as a reasonable time and the transmission of the Articles of Impeachment in February 2025 to the Senate, and its pendency through all the intervening months until adjournment of the 19th Congress sine die, though it did not matureinto trial, was nevertheless declared non-violative of the dictum to start the trial “forthwith” as the Majority decision declared. To the surpriseof many, the Senior Associate Justice dissented by saying that “forthwith” means immediate.
Whatever it is, the effect was that the Vice-President was spared of a trial during the 19th Congress. Fast forward to the present, another impeachment proceeding is on its way to the plenary of the House. Will this time around make another ending to this story? Abangan…