Ambiguities in Duterte Impeachment Highlight Need for Cha-cha
MANILA — The recent impeachment of Vice President Sara Duterte has brought to light significant ambiguities in the 1987 Constitution, underscoring the urgent need for Charter change (Cha-cha), local leaders noted. The exact wording of the Constitution, particularly the term “forthwith,” has sparked conflicting interpretations that threaten the stability of Philippine democracy.
Antipolo 1st District Representative Ronaldo Puno emphasized in a privilege speech that the Duterte impeachment case reveals critical constitutional gaps. “The ambiguities surrounding the impeachment process demonstrate why we must pursue Cha-cha to clarify these issues,” he said, stressing that the 4-word keyphrase “Ambiguities in Duterte impeachment” encapsulates the problem.
Constitutional Ambiguity Over “Forthwith” Causes Deadlock
The Constitution’s Article XI, Section 3(4) states that when one-third of House members file a verified impeachment complaint, the Senate trial shall “forthwith proceed.” However, officials reported that the word “forthwith,” intended to mandate immediate action, has been subject to delays and reinterpretation.
“While ‘forthwith’ was meant to signal urgency, its application has been sidestepped repeatedly,” a government source explained. The Senate’s decision to remand the impeachment articles back to the House caused institutional friction and public confusion, illustrating how procedural safeguards have instead become sources of deadlock.
The Duterte Impeachment Case and Its Fallout
Vice President Duterte was impeached on February 5 after 215 lawmakers filed complaints alleging misuse of confidential funds, intimidation of officials, and other constitutional violations. The articles of impeachment were promptly sent to the Senate, as mandated. Yet, the trial did not immediately commence because the Senate session adjourned for the election break without taking up the case.
Eventually, the Senate remanded the articles back to the House, citing supposed constitutional infirmities. Later, the Supreme Court ruled that the impeachment was unconstitutional due to the one-year bar rule. These developments raised concerns among community members about consistent constitutional interpretation.
Implications of Constitutional Vagueness on Governance
Representative Puno warned that the inconsistent interpretation of “forthwith” could extend to other constitutional provisions, as the term appears at least four times in the 1987 Charter. He questioned whether this ambiguity would allow indefinite delays under the guise of interpretive discretion.
“Such vagueness has led to political crises and institutional paralysis,” Puno remarked. “These textual gaps undermine the stability the Constitution aims to uphold.” He further explained that unclear provisions invite selective enforcement, blurring the line between lawful governance and abuse of power.
“In these gray areas, power is easily exploited. Ambiguous language permits opportunistic actors to justify unlawful conduct as plausible interpretation,” he added. Without clarity, checks and balances weaken, and constitutional protections become ineffective.
Constitutional Convention Proposed as Best Path for Cha-cha
In his speech, Puno advocated for a constitutional convention (Con-con) over a constituent assembly (Con-ass) to amend the 1987 Constitution. He argued that a Con-con allows elected delegates to focus exclusively on constitutional reforms without being distracted by legislative duties.
“A Constitutional Convention offers the most transparent and participatory method to resolve these enduring ambiguities,” Puno said. “It enables the people’s chosen delegates to correct textual deficiencies, reconcile contradictions, and institutionalize essential reforms.”
Unlike a Con-ass, which involves members of Congress juggling multiple roles, a Con-con ensures a singular focus on drafting constitutional amendments, providing clarity and legitimacy to the process.
Recent Cha-cha Efforts and Future Prospects
During President Ferdinand Marcos Jr.’s term, allies in the House, including Speaker Ferdinand Martin Romualdez, pushed for an economic Cha-cha from late 2023 to mid-2024. Resolution of Both Houses No. 7 aimed to amend economic provisions to allow greater foreign ownership in certain industries.
However, concerns about abolishing the Senate hindered progress, as the proposed amendments were to be approved through a constituent assembly, where the larger House membership could outvote the smaller Senate.
For the 20th Congress, House leaders have remained silent on Cha-cha prospects. Yet, on July 15, Ako Bicol party-list Representative Alfredo Garbin filed RBH No. 1 to amend national territory and economic provisions. His proposal integrates the 2016 Permanent Court of Arbitration ruling affirming the Philippines’ exclusive rights over its waters.
Garbin, along with Manila 6th District Representative Bienvenido Abante Jr., expressed optimism that despite the administration being in its second half, there remains time to pursue meaningful Cha-cha reforms.
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