Camille Naredo

Supreme Court associate justice Marvic Leonen. Photo from Supreme Court of the Philippines website/File

Supreme Court associate justice Marvic Leonen. Photo from Supreme Court of the Philippines website

Article (news)

Adrian Ayalin

ABS-CBN News

<div><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/177916351317420201210-ljustice-leonen-marvic-3.jpg" style="width:960px" class="fr-fic fr-dib" alt="Supreme Court associate justice Marvic Leonen. Photo from Supreme Court of the Philippines website/FileSupreme Court associate justice Marvic Leonen. Photo from Supreme Court of the Philippines website/File"/>Supreme Court associate justice Marvic Leonen. Photo from Supreme Court of the Philippines website/File</div>MANILA -- The word &quot;forthwith&quot; imposes upon the Senate an obligation to immediately begin the impeachment process as soon as the Articles of Impeachment are transmitted by the House of Representatives, as mandated by Article XI of the Constitution.This, according to Senior Associate Justice Marvic Leonen.In his <a class="fr-green fr-strong" href="https://sc.judiciary.gov.ph/wp-content/uploads/2026/05/278311-LEONEN.pdf">dissenting opinion</a> on the controversial word that sparked debates as to its meaning, Leonen said the Senate should immediately start the impeachment process, with the Senate President putting the matter on the Senate agenda and convening itself as an impeachment court at the soonest possible time.&quot;It is, first and foremost, an obligation to immediately commence the constitutional process of convening the Senate as an impeachment court,&quot; Leonen said.Leonen was the sole dissenter in the 14-0-1 decision of the Supreme Court en banc last month, dismissing the petition of lawyer Catalino Generillo, Jr. urging the Senate to act &quot;forthwith&quot; on the first set of articles of impeachment transmitted by the House of Representatives against Vice President Sara Duterte last year.<div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/4/29/supreme-court-says-forthwith-in-impeachment-cases-means-within-reasonable-time-1655">READ: Supreme Court says ‘forthwith’ in impeachment cases means ‘within reasonable time’</a></div>In the decision of the en banc, the term &quot;forthwith&quot; means &quot;within a reasonable time, which may be longer or shorter, depending on the circumstances of each case.&quot;Leonen said that he agrees with the ponencia of Associate Justice Rodil Zalameda that the full conduct of an impeachment trial requires adequate preparation. Leonen, however, stressed that the text of the Constitution commands immediacy, not merely eventual preparation, and the Senate has no discretion on whether to proceed. <div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/5/11/-2nd-eye-ok-house-impeaches-sara-duterte-again-1702">READ: In 257-25-9 vote, House impeaches Sara Duterte</a></div>He noted that according to Article XI, Section 3(4), &quot;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.&quot;&quot;The Constitution&#x27;s use of &#x27;shall&#x27; makes this a command, not a suggestion,&quot; Leonen said. Leonen also noted that the failure of the then Senate President, Senator Chiz Escudero, to immediately place the Articles of Impeachment before the Senate for the purpose of convening the impeachment court constituted grave abuse of discretion.Leonen also stressed that the Senate as an impeachment court may convene and conduct trial during a legislative recess. &quot;The Constitution does not say &#x27;trial by the Senate shall forthwith proceed, except during recess&#x27;,&quot; Leonen said.Leonen also urged his colleagues to reevaluate their decision and provide a &quot;definite and faithful interpretation&quot; of Article XI, Section 3(4).

In his dissenting opinion on the controversial word that sparked debates as to its meaning, Leonen said the Senate should immediately start the impeachment process.

In his dissenting opinion on the controversial word that sparked debates as to its meaning, Leonen said the Senate should immediately start the impeachment process.

Leonen: 'Forthwith' imposes immediate obligation to start the impeachment process

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Leonen: 'Forthwith' imposes immediate obligation to start the impeachment process

Adrian Ayalin,

ABS-CBN News

Published May 19, 2026 12:09 PM PHT

Read More:

Supreme Court

impeachment

Senate

Constitution

Marvic Leonen

Sara Duterte

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