The Senate’s constitutional duty is to hold a trial, not to

The Philippine Bar Association joins the collective voices raised by colleagues and other Filipinos calling on the Senate to remain true to its duty by convening the impeachment court and holding the trial of the respondent without further delay.

The text of the Constitution is clear. It bears no ambiguity, except that which is now being forced upon it. “[T]rial by the Senate shall forthwith proceed” is as direct as it can be. Reasonable people can disagree on how fast “forthwith” means but, it is safe to say it does not mean several months of delay. And it most certainly does not mean, “only if the majority allows a trial to be held”.

Since 1891, the PBA has stood as a fervent advocate for the rule of law and the integrity of our democratic institutions. Those institutions are weakened when what is supposed to be a simple, if not ministerial act, is infested by political maneuvering and undue influence. “Majority wins” is not a license to debase a sacred duty entrusted by the Constitution. The very purpose of a Constitution is to remove certain subjects from the vicissitudes of political controversy. There is nothing optional when the Constitution imposes a duty, and there is nothing to vote on. Once the House meets the constitutional requirements and files the Articles, a trial is mandatory, not something to be done only when it’s convenient. And no branch of government, including the Senate, can evade a duty by using delay that was its own making.

At the start of each impeachment trial, each senator is required to take a second oath. This emphasizes the grave responsibility imposed by the Constitution on legislators to act as impartial (not political) judges. It also emphasizes that to act as an impeachment court, senators step out of their ordinary office as legislators, and take on the mantle of a completely different one. A majority of the 19th Congress cannot bind the subsequent one, that is true. But it is equally true that a majority of the present Senate cannot dismiss an impeachment complaint without first conducting the required trial. That power belongs to the impeachment court alone. Not Congress. Not the Senate as a legislative body. The names and personalities might be the same but the offices are different. Due process, transparency and accountability require that the charges filed by the House of Representatives be adjudicated in the proper forum.

Let the trial be held as the Constitution commands. Require the prosecution to prove its case. And allow the respondent the chance to clear her name. By doing so, the Senate prejudices no one. And more importantly, it tells the Filipino public that it is up to the task given it by the Constitution.