Supreme Court/File

MANILA, Philippines – A petition to compel the Senate to convene as an impeachment court “immediately” for the trial against Vice President Sara Duterte has been filed before the Supreme Court. 

On Friday, lawyer Catalino Generillo Jr. filed a 22-page petition for mandamus arguing that the Constitution does not allow the Senate to delay its duty even during recess. 

A former Presidential Commission on Good Government special government counsel, Generoso said the Senate is bound with an “inescapable constitutional duty to immediately constitute itself” into an impeachment court upon receiving the Articles of Impeachment from the House of Representatives.

Citing Article XI Section 3 of the Constitution, Generillo said the Charter orders “definite periods of time” to act on impeachment cases. 

“In case the verified complaint or resolution of all Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed,” the Constitution reads. 

“In the final analysis, the Constitution does not allow the Senate to procrastinate during the period it is on recess whether it shall constitute itself into a[n] impeachment court and try the Vice President. If it were so, the framers of the Constitution wrote a useless provision. Woe to the so-called doctrine of supremacy of the Constitution,” the petition reads. 

The Articles of Impeachment were transmitted to the Senate on February 5 after the House of Representatives secured 215 signatures with an additional 25 bringing the total signatories to 240 – more than enough to impeach the Vice President in the lower house. 

However, Senate President Chiz Escudero said that the trial will likely commence once the 20th Congress enters into function after President Marcos Jr.’s State of the Nation Address on July 21. 

Critics of the Vice President as well as some lawmakers called out the Senate for their supposed delay in action to start the trial. But Escudero was firm on not asking for a special session since similar scenarios were seen in past impeachment yet no pressure to begin was ever hurdled on the Senate. 

The Congress ended session last February 5 to give way to the 2025 midterm elections and will reconvene on June 2. 

Escudero also explained that certain pre-trial requisites have to be concluded first before actual trial begins. 

These requisites include approval of Senate rules on impeachment and mailing of summons. 

He has repeatedly cited for example the impeachment cases of former Ombudsman Meceditas Gutiettez and the late former Chief Justice Renato Corona which both did not start immediately. 

The Senate chief maintained that there will be no special treatment for Duterte’s impeachment and her case shall be dealt with as had been past impeachment trials. 

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